CJ^.    IbO^i  ^ 


Duke  University  Libraries 

The  acts  and  re 
Conf  Pam  #479 


l8t  Sess.  ISth  General  Assembly,  1864. 

/  ^   '^  0       THE 

ACTS  AND  RESOLUTIONS 

ADOPTED  BY  THE 

GENERAL  mm  OF  FLORIDA, 


AT   ITS 


THIRTEENTH  SESSION, 

Begun  and  held  at  the  Capitol,  in  the  City  oe  Talla- 
'  hassee,  on  Monday,  November  21st,  1864. 


PUBLISHED  BY  AUTHORITY  OF  LAW, 

UNDER  THE  DIRECTION  OF  THE  ATTORNEY  GEOERAL. 


TALLAHASSEE: 
OFFICE  OF  THE  FLORIDIAN  &  JOURNAL. 

printed   by   dyke   &    SPAKHAWK. 

1865. 


TITLES 


OF 


ACTS  AND  RESOLUTIONS 

PASSED   BY   THE 

First  Session  of  tlie  TMrteenth  General  Assembly, 

18H4. 


An  act  to  create  special  tribunals  for  the  trial  of  capital  offences  committed  by 

Blaves,  free  negroes  and  mulattoes. 
An  act  to  amend  an  act  entitled  an  act  to  establish  and  permanently  locate  the 

county  site  of  Manatee  county,  approved  Dec.  5, 1861. 
An  act  to  repeal  an  act  entitled  "  an  act  to  consolidate  the  offices  of  Clerk  of  the 

Circuit  Court  and  Judge  of  Probate  in  and  for  Manatee  county,"  approved 

December  8, 1863. 
An  act  to  organize  militia  troops  for  the  State  of  Florida. 
An  act  to  amend  the  laws  relating  to  slaves. 
An  act  relating  to  the  accounts  of  Ex-Governor  M.  8.  Perry  and  H.  V.  Snell, 

late  Quarter-Master  General. 

An  act  relative  to  holding  Commissioners'  Courts  of  Lafayette  county. 

An  act  to  amend  an  act  entitled  "  an  act  for  the  protection  of  cattle  owners  in 
the  counties  of  Levy,  Lafayette,  Taylor,  Wakulla  and  Duval,"  approved  No- 
vember 27, 1863. 

An  act  for  the  relief  of  our  sick  and  wounded  soldiers. 

An  act  to  provide  for  the  appointment  of  county  officers  in  certain  cases. 

An  act  to  authorize  William  F.  Russell  to  enter  one  hundred  and  sixty  acres  of 
land. 

An  act  to  provide  for  taking  the  census  in  the  year  1865,  in  this  State. 

An  act  to  amend  "  an  act  to  provide  for  the  establishment  of  two  Seminaries  of 
Learning." 

An  act  for  the  education  of  soldiers'  children. 

An  act  to  amend  an  act  entitled  "an  act  to  allow  the  Supreme  Court  of  this 
State  to  hold  extra  terms  in  certain  cases  therein  specified,"  approved  De- 
cember as,  1&54. 

An  act  to  fix  the  county  site  of  Brevard  county,  and  for  other  purposes. 
An  act  to  facilitate  the  transaction  of  business  in  the  Quarter-Master  General's 
Office. 


IV  TITLES   OF   ACTS. 

An  act  in  relation  to  estates  in.this  State. 
An  act  to  increase  the  price  of  Public  Lands. 
An  act  to  amend  the  laws  providing  for  the  stay  of  executions. 
An  act  to  amend  "  an  act  to  incorporate  the  city  of  Lake  City." 
An  act  to  authorize  the  administrator  of  the  estate  of  Anna  L.  Casey  to  make 
titles  to  certain  lots  in  Columbia  county. 

An  act  in  relation  to  the  commissions  of  executors,  guardians,  curators  and 

administrators. 
An  act  to  amend  an  act  entitled  ' '  an  act  to  amend  the  electiou  laws  of  this  State 

as  regards  the  mode  of  voting,  and  for  other  purposes,"  approved  December 

8,  1863. 
An  act  to  appropriate  a  fund  for  clothing  of  troops  from  Florida  in  the  Con- 
federate service,  and  to  purchase  and  distribute  cards. 
An  act  relative  to  the  fees  of  the  Clerk  of  the  Supreme  Court  and  Jailors. 
An  act  in  relation  to  the  public  defence. 
An  act  to  protect  the  citizens  of  Florida. 
An  act  for  the  relief  of  C.  L.  Dcmilly. 
An  act  to  extend  the  term  of  the  Solicitors  in  the  several  Judicial  Circuits  in 

this  State  to  the  first  day  of  January,  1866,  and  for  other  purposes. 
An  act  in  relation  to  the  recording  of  deeds  and  other  papers  in  Lafayette 

county. 
An  act  for  the  relief  of  soldiers'  families. 

An  act  to  define  the  duties  of  the  Trustees  of  the  Internal  Improvement  Board, 
An  act  making  appropriations  for  the  expenses  of  the  first  session  of  the  thir. 

tecnth  General  Assembly  and  for  other  purposes. 


RESOLUTIONS. 


Resolution  making  valid  the  Election  held  in  Duval  County  on  the  first  Mod. 

day  in  October,  1864. 
Joint  Resolution  of  confidence  in  and  thanks  to  President  Jefi"erson  Davis. 
Resolution  of  thanks  to  Captain  J.  J.  Dickison. 
Resolution  for  the  destruction  of  redeemed  State  Treasury  Notes  and  Bonds  of 

1856  and  1861. 
Resolution  relative  to  relief  for  Soldiers'  Families. 
Resolution  relative  to  the  examination  of  the  offices  of  Comptroller,  Treasurer 

and  Register  of  Public  Lands. 
Joint  Resolution  requesting  our  Senators  and  Representatires  in  Congress  to 

use  their  influence  in  procuring  the  re-enactment  of  a  certain  act  of  Congress 


TTTLEB  OF  ACTS.  V 

\ 
Resolution  in  relation  to  the  rights  of  the  States. 

Resolution  of  thanks  to  our  Soldiers. 

Joint  Resolution  of  thanks  to  the  citizen  soldiery  of  Florida. 

Joint  Resolution  relating  to  the  appointment  of  an  agent  at  Columbus,  Ga. 

Resolution  in  relation  to  mails  in  this  State. 

Resolution  in  relation  todestructlonof  redeemed Bondsof  1856 and '61  in Treas- 
urj-  cilice. 

Resolution  to  relieve  Archibald  C.  Black,  Tax-Assessor  and  Collector  for  Gads- 
den County. 

Resolution  for  the  relief  of  the  Tax- Assessors  of  Leon  and  Madison  Counties. 

Joint  Resolution  authorizing  and  requiring  the  Attorney  General  to  print  a 
general  index  of  the  decisions  of  the  Supreme  Court,  and  ior  other  purposes. 

Joint  Resolution  relative  to  the  examination  of  the  Treasurer's  and  Comptrol' 
Icr's  office. 

Resolution  in  relation  to  estates  of  deceased  persons,  orphans  and  minor  chil- 
dren, and  their  protection  from  frauds. 

Resolution  to  ask  that  the  Florida,brigade  in  Virginia  [be]  sent  to  Department  of 
South  Carolina,  Georgia  and  Florida. 

Resolution  on  Confederate  relations. 

Resolution  for  the  relief  of  Wm.  H.  Durrance,  W.  S.  Spencer  and  Jas.  J.  Ward 

Resolution  in  relation  to  the  Florida  brigade,  commanded  by  Brig.  Gen.  Finley. 


LAWS  OF  THE  STATE  OF  FLORIDA, 

PASSED   AT   THE 

First  Session  of  the  Thirteenth  General  Assembly, 

1  864. 


John  Milton,  Governor ;  B.  F.  Allen,  Secretary  of  State ;  Walter  Gwtxn, 
Comptroller  of  Public  Accounts  ;  C.  H.  Austin,  Treasurer ;  J.  B.  Galbuaith, 
Attorney  General ;  A.  K.  Allison,  President  of  the  Senate ;  F.  L.  Villepigce» 
Secretary  of  the  Senate;  Phillip  Dell,  Speaker  of  the  House;  Wm.  For- 
syth Bynxjsi,  Clerk  of  the  House. 


Chapter  1,430— [No.  1.] 

AN  ACT  to  create  special  tribunals  for  the  trial  of  Capital  Ofrcnces  committed 
by  Slaves,  Free  Negroes  and  Mulattoes. 

Section  1 .  Be  it  enacted  hy  the  Senate  and  House  of  Hep- 
resentatives  of  the  State  of  Florida  in  General  Assembly 
convened^  That  slaves,  free  negroes  and  mulattoes    accused     Tribunal  com- 
of  capital  crimes  shall  be  tried  by  a  tribunal  composed  of  Sultices'of  toe 
two  Justices  of  the  Peace  and  twelve  citizens,  qualified  Ju-  ^^*^^- 
rors  of  the  county  where  the  crime  may  have  been  commit- 
ted. 

Sec.  2.  Be  it  further  enacted,  That  whenever  a    slave, 
free  negro  or  mulatto  shall  be  accused  of  a  capital  oflence 
by  any  person  under  oath,  the  Justice  of  the  Peace  before     Arrest  of  aa- 
whom  the  complaint  is  made  shall  cause  the  accused  to  be  ^^^^' 
arrested  and  confined  in  the  county  jail  to  await  his  trial, 
and  shall  notify  another  Justice  in  the  county  ot  the  char- 
ges that  have  been  preferred  against  such  slave,  free  ne^ro 
or  mulatto,  and  shall  require  such  Justice  to  attend  at  liis 
ofiice  the  day  after  the  receipt  of  such  notification,  or  as  and°attenda«« 
soon  afterwards  as  practicable,  for  the  purpose  of  choosing  of  Justices, 
twelve  persons,  qualified  Jurors  of  the  county,  to  assist  at 
the  trial  of  the  accused. 

Sec.  3.  Be  itfurtJher  enacted,  That  the  Justices  shall  se- 
lect twelve  persons,  qualified  Jurors  as  aforesaid,  who  shall 
be  summoned  to  assemble  at  the^  county  site  of  the  county. 


LAWS  OF  FLORIDA. 


1864. 


Oath'of  Jurors. 


Justices  to  take 
no  part  in  the 
delineation  of 
the  Jury. 


Verdict. 


Duty  of  Solic- 
itor. 


Clerk  of  Cir- 
cuit Court. 


Appeals. 


Sentence. 

Bsecut.on. 
Umpire. 


on  a  day  not  exceeding  the  fifth  from  the  date  of  the  sum- 
mons, for  the  purpose  of  forming  the  tribunal  designated  in 
the  two  preceding  sections,  which  said  summons  shall  be 
served  by  the  Sheriff,  the  Coroner,  or  any  Constable  of  the 
county  in  which  the  trial  is  to  take  place,  and  the  attend- 
ance .of  the  Jurors  shall  be  enforced  in  the  same  manner  as 
that  of  other  Jurors.  In  case  a  sufficient  number  of  Jurors 
should  not  appear  on  the  day  fixed  for  trial,  then  the  Jus- 
tices shall  have  power  to  complete  the  panel  by  summoning 
forthwith,  from  the  vicinity,  the  requisite  number  of  quali- 
fied Jurors. 

Sec.  4.  Be  it  further  erhacted,  That  the  Jurors  shall  be 
severally  sworn  truly  and  impartially  to  inquire  concerning 
the  guilt  or  innocence  of  the  prisoner  or  prisoners  brought 
before  them,  and  a  true  verdict  to  give  according  to  law  and 
the  evidence,  to  the  best  of  their  knowledge,  ability  and  be- 
lief. 

Sec.  5.  Be  it  further  enacted,  That  the  Justices  who  shall 
preside  at  any  trial  under  this  act  shall  take  no  part  in  the 
deliberations  of  the  Jury;  but  the  Jury  shall  retire  and 
consider  of  their  verdict  as  in  trials  before  the  Circuit  Courts 
of  the  State.  In  order  to  convict  the  accused,  the  Jury  must 
unanimously  concnr  in  a  verdict,  to  be  by  then^  signed,  on 
which  verdict  the  Justices  shall  endorse  the  sentence. 

Sec.  6.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Solicitor  of  the  Circuit,  when  present,  to  prosecute 
on  behalf  of  the  State,  and,  in  default  of  such  attendance, 
it  shall  be  lawful  for  the  Justices  to  appoint  some  attorney 
to  act  as  prosecutor.  The  Clerk  of  the  Circuit  Court  of  the 
county  in  which  the  trial  shall  take  place  shall  act  as  clerk 
of  the  special  tribunal,  and  keep  full  minutes  of  the  proceed- 
ings thereof. 

Sec.  7.  Be  it  further  enacted,  That  appeals  from  the 
judgment  of  such  tribunals  shall  be  had  to  the  Circuit  Court 
of  the  county  upon  an  order  made  by  the  Judge  thereof  upon 
an  inspection  of  the  record  of  the  trial,  and  such  appeal, 
when  allowed,  shall '  operate  as  a  supersedeas  of  the  judg- 
ment ;  but  no  proceedings  shall  be  annulled  or  impeded  by 
any  error  of  form. 

Sec.  8.  Be  it  further  enacted,  That  in  case  the  offender 
shall  be  convicted  of  a  capital  offence,  the  Justices  shall  sign 
a  sentence  of  death  by  hanging,  which  shall  be  executed  by 
the  Sheriff  of  the  county  at  such  time  and  place  as  the  Jus- 


LAWS  OF  FLORIDA. 

tioes  may  appoint ;  and  in  case  said  Justices  cannot  agree, 
they  shall  call  in  a  third  Justice  as  umpire  to  decide. 

Passed  the  Senate  November  25, 1864.    Passed  the  House  of  Representatives 
November  29,  ISOi.    Approved  by  the  Governor  December  3, 1864. 


Chapter  1,431— [No.  2.] 

AN  ACT  to  amend  an  act  entitled  an  act  to  establish  and  permanently  locate 
the  county  site  of  Manatee  county,  approved  December  5th,  ISOl. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Florida  in  General  Assembly 
convened,  That  an  act  entitled  "  An  act  to  establish  and 
permanently  locate  the  county  site  of  Manatee  county  "  be 
so  amended  that  all  Courts  and  public  offices  required  by  iicoffices'to'S; 
law  to  be  held  at  the  county  site  sluill  continue  to  be  held  of  Manatee?^ 
at  the  former  Court  House,  in  tlie  town  of  Manatee,  until 
such  time  as  a  suitable  house  shall  be  provided  for  that  pur- 
pose at  the  new  county  site. 

Passed  the  House  of  Representatives  November  30,  1864.    Passed  the  Senate 
December  1, 1864.    Approved  by  the  Governor  December  3d,  1864. 


Courts  aiid  prah 


CUAPTER  1,432.— [No.  3.] 

AN  ACT  to  repeal  an  act  entitled  "An  Act  to  consolidate  the  offices  of  Clerk  of 
the  Circuit  Court  and  Judge  of  Probate  in  and  for  Manatee  county,"  ap 
proved  December  8, 1863. 

Section  1,  Be  it  enacted  hy  the  Senate  and  House  of  liep- 
resentatives  of  the  State  of  Florida  hi  Oeneral  Asscmhly 
convened,  That  an  act  entitled  "  An  act  to  consolidate  the 
offices  of  the  Clet-k  of  the  Circuit  Court  and  Judge  of  Pro- 
bate of  Manatee  county,"  approved  December  8,  18C2,  be 
and  tlie  same  is  hereby  repealed,  said  repeal  to  take  effect 
from- and  after  the  first  Monday  in  October,  18G5. 

Sec.  2.  Be  it  further  enacted,  Tliat  an  election  for  a  Clerk 
of  the  Circuit  Court  of  Manatee  county  be  henceforth  held  court 
at  the  regular  time  of  election,  as  directed  by  law  for  other 
counties  of  the  State  of  Florida. 

Passed  the  House  of  Representatives  November  oOth,  1SG4.    Passed  the  Sen- 
ate December  Isl,  1864.    Approved  by  the  Governor  December  3d,  1864. 

2 


Repeal 


r.leclion  rjs 
Ckair.  of  CirtxriS; 


10 


LAWS  OF  FLORIDA. 


1864, 


I 


Persons  sub- 
ci  to  militia 
ity. 


Organization 
o  bepreserved. 


Proviso  as  to 
change  of  offi- 
cers. 


New  election. 


Persons  liable 
ta  militia  duty 
must  enrol 
themselves. 


Other  compa- 
nies may  be 
formed. 

Officers. 

Persons  failing 
ta  enrol  them- 
selves. 

In  count  i  e  s 
where  no  or- 
ganization. 


Chapter  1,433 — [No.  4.] 
AN  ACT  to  organize  Militia  Troops  for  the  State  of  Florida. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Re- 
presentatives  of  the  State  of  Florida^  in  General  Assembly 
convened,  That  every  able-bodied  white  male  inhabitant  in 
this  State,  between  the  ages  of  sixteen  and  Hfty-iive  years,  . 
not  included  in  the  Military'-  service  of  the  Confederate  States, 
and  who  is  physically  able  to  perform  Militia  duty,  v\'hcther 
citizen,  resident  or  sojourner,  with  the  exceptions  hereina,fter 
specified,  is  hereby  declared  to  be  in  the  Militia  service  of 
the  State  of  Florida,  and  shall  be  immediately  enrolled  and 
liable  to  perform  Militia  duty  in  the  Militia  forces  that  now 
are  or  may  hereafter  be  organized,  and  no  person  shall  be 
exempt  for  physical  incapacity  unless  in  tlie  manner  herein- 
al^er  provided. 

Sec.  2.  Be  it  further  enacted,  That  each  and  every  com- 
pany, regiment  or  battalion  organized  in  pursuance  of  Gen- 
eral" Orders  No.  11,  dated  July  30th,  1864,  issued  by  the 
Governor  and  Commander-in-Chief,  shall  continue  in  their 
present  organization,  and  the  commissions  of  their  officers 
shall  continue  in  full  force  and  virtue  :  Provided,  neverthe- 
less, That  should  a  majority  of  the  enrolled  members  of  any 
company,  regiment  or  battalion,  organized  in  pursuance  of 
said  General  Orders  l^o.  11,  represent  by  petition  to  the 
Commander-in-Cliief,  within  twenty  days  from  the  passage 
of  this  act,  that  a  change  of  officers  would  promote  the  effi- 
ciency of  said  company,  regiment  or  battalion  ;  then,  and  in 
that  case,  the  Governor  shall  declare  the  commissions  of  the 
present  officers  vacated,  and  a  new  election  for  officers  thereof 
shall  be  ordered  within  ten  days  thereafter,  in  case  Qf  a  com- 
pany, and  twenty  days  in  case  of  a  regiment  or'  battalion  ; 
and  every  person  liable  to  Militiaduty,  u  nder  this  act,  shall 
enroll  himself  in  some  company  in  his  county  within  ten 
days  from  the  proclamation  of  the  Governor,  under  this  act, 
unless  said  company  exceed  the  number  of  sixty-four  men, 
in  which  case  they  may  form  another  company  of  not  less 
than  thirty-five  men;  in  which  case  they  may  elect  one  Cap- 
tain, one  First  Lieutenant  and  two  Second  Lieutenants ;  and 
if  any  person  shall  fail  or  refuse  to  enroll  himself,  he  shall 
be  fined  or  imprisoned  at  the  discretion  of  a  General  Court 
Martial :  Provided,  That  in  counties  where  no  company  is 
now  organized,   the   persons   liable  to  Militia  duty  therein 


LAWS  OF  FLORroA. 


II 


shall  be  forthwith  organized  by  the  Adjutant  and  Inspector 
General,  under  such  rules  and  regulations  as  he  may  pre- 
scribe, not  inconsistent  with  the  provisions  of  this  act :  Pro- 
vided, fuiiliCT,  That  all  companies  hereafter  to  be  organized 
under  this  act,  shall  elect  their  respective  commissioned  offi- 
cers. Andprovided,  further,  That  should  such  persons  as 
are  cml)raced  in  this  provision  fail  to  organize  themselves 
in  such  time  as  the  Adjutant  and  Inspector  General  shall 
prescribe,  they  shall  be  liable  to  the  pains  and  penalties  im- 
posed by  this  act. 

Sec.  3.  Be  it  further  enacted,  That  the  Governor  shall 
prescribe  such  rules  and  regulations  as  may  be  necessary  to 
insure  an  efficient  organization  of  the  Militia  forces  organ- 
ized or  hereafter  to  be  organized  by  this  act,  and  to  promote 
their  efi'ectiveness ;  and  for  that  purpose  lie  may  organize 
the  said  Militia  into  such  new  battalions,  regiments,  brig- 
ade or  brigades,  as  the  defence  of  the  State  may  require : 
Provided,  however,  That  the  commissioned  officers  shall  be 
elected  by  the  men  of  their  commands. 

Sec.  4,  Be  it  further  enacted,  That  the  Militia,  when  in 
service  in  the  field  for  the  defence  of  the  State,  shall  be  sub- 
ject to  the  rules  and  articles  of  war  of  the  Confederate 
States,  and  any  officer  or  other  person  failing  to  perform  or 
refusing  to  discharge  the  militia  duty  enjoined  upon  him  by 
this  act,  or  refusing  to  ol)ey  any  legal  order  of  any  superior 
officer,  or  of  the  Governor  (and)  Commander-in-Chief,  or  of 
any  superior  officer,  shall  be  punished  at  the  discretion  of  a 
General  Court  Martial ;  Provided,  however.  Each  company 
may  adopt  by-laws  for  their  own  government  not  inconsis- 
tent with  the  provisions  of  this  act,  when  not  in  service  un- 
der orders  of  the  Governor ;  and  said  by-laws  shall  be  en- 
forced by  company  Court  Martial :  Provided,  That  the  find- 
ings of  said  company  Court  Martial  shall  be  first  approved 
by  the  Governor ;  and  if  any  commissioned  officer  shall  be 
guilty  of  drunkenness  while  on  duty,  or  of  general  intem- 
perance, whether  on  duty  or  not,  or  of  conduct  unbecoming 
an  officer  and  a  gentleman,  or  of  disobedience  of  orders,  or 
of  incompetency,  he  shall  be  deprived  of  his  commission  by 
sentence  of  a  (reneral  Court  Martial.  All  General  Court 
Martials  shall  be  ordered  by  the  Governor,  and  consist  of 
not  less  tlian  five  nor  more  than  thirteen  commissioned  offi- 
cers. 

Sec.  5.  Be  it  further  enacted,  That,  at  each  militia  drill, 
the  Captains  of  each  company  shall  have  detailedTrom  their 
commands  a  sufficient  number  of  men  to  keep  up  a  vigilant     pa 


1864 


Election  o 
ccrs. 


Persons  1 
to  organis 


Goveri 
prescribi. 
and  resi' 


Batair.oi 
iments, 


Militi 
in  the  fi 
ject  to  1 
cles  of 


Punish- 
disobet 


Con 

laM-s. 


? 
Court 


Intel 
&c. 


Ger 
Marti 


12 


LAWS  OF  FLORIDA. 


;>mor  may 
militia  to 

to  Con. 
§  for   de- 

of    the 


m  of  mi- 


■e  of  in- 
ion. 


S6-^-  })ati'ol  within  each  militia  beat,  which  patrol  is  to  be  per- 
tormed  until  the  next  drill. 

Sec.  6.  Be  it  further  enacted,  That  the  Governor  shall 
and  etjuip  cause  the  militia  to  be  armed  and  equipped  as  cx])editiouslj 
as  possible. 

Sec.  7.  Be  it  further  enacted,  That  whenever  the  Con- 
federate officer  commanding  in  this  State  shall  call  upon  the 
Governor  for  troops  to  defend  the  State,  tlje  Governor  is 
hereby  authorized  to  order  any  portion  of  the  Militia  to  re- 
port to  the  officer  commanding  the  Confederate  forces ;  and 
that  whenever  any  Confederate  officer  in  this  State  shall 
call  upon  the  Governor,  and,  if  impossible  to  do  so,  shall 
call  upon  any  officer  commanding  any  of  the  Militia  of  this 
State  for  aid  in  repulsing  the  enemy,  it  shall  be  his  or  their 
.duty  to  render  all  the  aid  in  their  power ;  and  the  Governor 
shall  require  the  return  of  the  Militia  as  soon  as  the  emer- 
gency for  which  they  have  been  called  shall,  in  his  opinion, 
no  longer  require  their  services. 

Sec.  8.  Be  it  further  enacted,  That  in  cases  of  survile  in- 
surrection or  actual  raids  of  the  enemy,  the  Governor  shall 
have  the  power,  and  it  shall  be  his  duty  to  call  the  Militia 
into  active  service  for  the  pnrpose  of  suppressing  such  in- 
surrection or  repelling  such  actual  raids  ;  and  the  Militia 
shall  not  remain  in  active  service  any  longer  than  shall  be 
necessary  to  quell  the  insurrection  or  repel  the  raid :  Pro- 
vided, That  in  no  instance  and  under  no  circumstances 
shall  those  persons  of  the  Militia  who  shall  be  over  fifty 
years  of  age  be  required  or  compelled  to  march  beyond  the 
limits  of  the  Military  District  in  which  tliey  may  reside ; 
and  if  not  incompatible  with  the  public  service  the  Gover- 
nor shall  cause  and  require  said  persons  to  remain  in  their 
respective  counties. 

Sec.  9.  Be  it  further  enacted,  That  Com23any  Court  Mar- 
tials  shall  consist  of  one  commissioned  officer,  one  non-com- 
missioned officer  and  three  privates  of  the  Company,  and  the 
sentences  of  said  Court  Martial  shall  be  carried  into  execu- 
tion by  the  Sheriff  of  the  county ;  Provided,  however,  No 
Company'-  Court  Martial  shall  punish  except  by  fine  not  ex- 
ceeding One  Hundred  Dollars,  or  by  imprisonment  not  ex- 
ceeding ten  days  ;  and  where  fines  are  imposed  they  shall 
be  collected  by  the  Sheriff,  by  levy  and  sale,  and  shall  be 
payable  in  the  currency  of  the  country,  which  Court  Martial 
shall  be  appointed  by  the  Captain  of  the  Company. 

Sec.  10.  Be  it  further  enacted,  That  no  person  enbraced 
within  the  ages  of  16  and  55  years  aforesaid,  shall  be  exempt 


IS  over 
,  of  age 
be  6r- 
eyond 
irict. 


•  Court 


LAWS  OF  FLORIDA. 

from  Militia  duty,  except  the  following :  1st,  Every  jDerson 
who  is  or  may  become  physically  unable  to  perform  Militia 
duty,  to  be  ascertained  in  such  manner  as  the  Governor  shall 
prescribe ;  2d,  ministers  of  religion  who  now  are  in  the  reg- 
ular discharge  of  their  ministerial  duties;  3d,  Judges  of  the 
Supreme  and  Circuit  Courts  ;  4th,  millers,  not  exceeding  one 
for  each  mill ;  5th,  ferrymen  on  post  routes  ;  6th,  physicians 
of  40  years  of  age  ;  Ttli,  members  and  officers  of  the  Legisla- 
ture when  in  actual  session  :  ^ Promded^  That  nothing  herein 
shall  be  so  construed  as  to  deprive  the  members  and  officers 
of  the  Legislature  from  attending  any  regular  or  extra  ses- 
sion of  the  Legislature  without  delay,  let  or  hindrance. 

Sec.  11.  Be  it  further  enacted^  That  this  State  is  hereby 
divided  into  three  Militia  districts.  The  first  district  shall 
■eomprise  all  that  part  of  the  State  that  lies  east  of  the  Su- 
wannee river ;  the  second  district  all  that  part  lying  be- 
tween the  Suwannee  and  Apalachicola  river,  and  the  third 
district  all  that  part  lying  west  of  the  Aj)alacliicola  river. 

Sec.  12.  Be  it  further  enacted  That  all  laws  and  parts  of 
laws  inconsistent  with  this  act  be  and  they  ai*e  hereby  re- 
pealed. 

Passed  the  Senate  November  30, 1SG4.    Passed  the  House  of  Reprcseutatives 
Dceember  3, 1864.    Approved  Deeember  5, 1SG4. 


13 


1864. 


Militia  districtsf 


Repeal. 


Chapter  1,434— []S"o.  5.] 

AN  ACT  to  amend  the  laws  relating  to  Slaves. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Florida  in  General  Assembly  con- 
vened, That  it  shall  be  the  duty  of  the  Sheriffs  of  the  seve-  Dntyofsherifis 
ral  counties  in  this  State  to  ascertain  and  inform  against  all  ^^  relation^  to 

BlflVC3  '  D.  1  r  1 II LT 

persons,  and  to  arrest  and  commit  to  jail  all  slaves,  who  their  own  time, 
shall  violate  the  laws  of  this  State  made  and  provided  against 
slaves  luring  their  own  time. 

Sec.  2.  Be  it  further  enacted,  That  if  any  Sheriff  shall 
wilfully  refuse  or  fail  to  discharge  the  duties  as  imposed  by  sheriff  negiect- 
this  act,  he  shall,  on  conviction  thereof,  be  fined  in  a  sum  ^"^  ^"^^^  ™®^ 
not  less  than  five  hundred,  nor  more  than  one  thousand  dol- 
lars. 

Passed  the  Senate  November  2(5,  ISW.    Passed  the  House  of  Representatives 
December  1, 1864.    Approved  by  the  Governor  December  5,  1864. 


14 


LAWS  OF  FLORIDA. 


1864. 


PreamUe. 


Comptroller  to 
issue  warrant  in 
favor  Ex  Gov. 
M.  S.  Perry  & 
others. 


■  Comptroller  to 
issue    -warrant, 


Chapter  1,435— [No.  6.] 

AN  ACT  rclatini^  to  the  accounts  of  Ex-Qovernor  JI.  S.  Perry  and  II.  V.  Sncll, 
late  Quartermaster  General. 

Wheeeas,  The  unsettled  accounts  of  Ex-Governor  M.  S. 
Perry  and  ofH.  V.  Snell,  late  Quarter-Master  General, 
have  been  examined  by  Samuel  Eenezet,  Esq.,  Accountant; 
appointed  under  a  joint  resolution  of  the  General  Assembly , 
and  whereas  said  Accountant  has  reported  to  this  General 
Assembly  the  accounts  of  said  parties  adjusted  by  him ;  and 
whereas,  there  is  due  to  said  Ex-Governor  M.  S.  Perry  the 
sum  of  six  thousand  five  hundred  and  sixty-sc  v^en  dollars  and 
nine  cents,  and  to  said  II.  V.  Snell,  late  Quarter-Master 
General,  the  sum  of  ten  thousand  two  hundred  dollars  and 
thirty-five  cents ;  and,  whereas,  by  the  joint  resolution  un- 
der which  said  Accountant  was  appointed,  it  is  provided 
"that  the  expenses  of  ^aid  Accountant  shall  be  equally  divi- 
vided  between  the  State  of  Florida  and  each  of  said  persons 
• — Therefore, 

Secton  1.  He  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Florida  in  General  Assembly 
convened^  That  the  Comptroller  is  liereby  ordered  to  is- 
sue his  warrant  upon  the  Treasurer  in  favor  of  Ex-Governor 
M.  S.  Perry  for  the  sum  of  five  thousand  five  hundred  and 
sixty-seven  dollars  and  nine  cents,  and  in  favor  of  S.>  Bene- 
zet.  Accountant,  for  the  sum  of  one  thousand  dollars,  the 
same  being  in  full  of  the  amount  due  said  Ex-Governor  M. 
S.  Perry,  and  the  Comptroller  is  hereby  ordered  to  issue  his 
warrant  upon  the  Treasurer  in  favor  of  II.  Y,  Snell,  late 
Quatrer-Master  General,  for  the  sum  of  nine  thousand  two 
hundred  dollars  and  thirty-five  cents,  and  in  favor  of  S. 
Benezet,  Accountant,  for  the  sum  of  one  thousand  dollars, 
the  same  being  in  full  of  the  amount  due  said  II.\Y.  Snell, 
late  Quartermaster  General. 

Sec.  2.  Be  it  further  enacted^  That  the  Comptroller  be 
and  he  is  hereby  ordered  to  issue  his  warrant  upon  the  Treas- 
urer in  favor  oi'  S.  Benezet,  Accountant,  for  the  sum  of  one 
thousand  dollars,  the  same  being  in  full  of  the  an^ount  due 
by  the  State  to  said  Accountant. 

Passed  the  House  of  Representatives  November  26th,  1864.    Passed  the  Sen- 
ate December  1, 1864    Approved  by  the  Governor  December  5th,  1864. 


LAWS  OF  FLORIDA. 


15 


Cn AFTER  1,436— [No.  7.] 

AN  ACT  relating  to  holding  Commissioner's  Courts  of  Lafayette  County. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Hep- 
resentatives  oj.  the  State  of  Jblorida  in  General  Assembly 
convened^  That  the  County  Commissioners '  of  Lafayette 
County  be  authorized  to  hold  the  Commissioners'  Courts  of 
said  County  at  Moselcy's  Mills,  or  at  any  other  place  in  said 
County,  or  in  an  adjacent  County,  which  may  be  the  most 
convenient  and  safe  as  said  Commissioners  may  determine, 
upon  giving  public  notice,  by  posting  in  the  public  places  in 
said  County,  or  in  some  newspaper  in  this  State ;  and  that 
all  Courts  heretofore  held  by  said  Commissioners  at  Mose- 
Icy's  Mills  in  said  County  shall  be  as  valid  in  law  as  if  held 
in  the  County  site  of  said  County :  Provided,  however, 
That  this  act  shall  be  in  force  and  eflect  until  such  time  as 
said  County  Commissioners  shall  deem  it  safe  to  resume  the 
holding  of  said  Commissioners'  Courts  at  the  Coimty  site  of 
said  County. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  and  parts  of 
laws  conflicting  against  this  Act  be  and  tlie  same  are  hereby 
repealed. 

Pas^si'd  the  House  of  Representatives  November  30, 1SG4.    Passed  the  Senate 
Decciubei"  2,  IStil.    x\pproved  by  the  Governor  December  5th,  1S64. 


1864. 


Corn's  Conrii 
where  held. 


LimitatioT). 


Repeal. 


Chapter  1,437— [No.  S.] 


AN  ACT  to  amend  an  uel  entitle!  "An  Act  for  the  protection  of  Cattle  o->vners 
in  t!ie  counties  of  Levy,  Lafayeltc,  Taylor,  'Waknllaand  Duval,"  approved 
November  27,  ISOS. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Be^y- 
resenfiitives  of  the  State  of  Florida  in  General  Asscmhly  con- 
vened, That  the  above  entitled  act  bo  so  amended,  that  the 
prohibitions  and  penalties  therein  contained  shall,  after  the 
passage  of  this  act,  be  imperative  and  inapplicable  from  the 
first  day  of  April  to  tlie  first  day  of  September  of  each 
year,  and  tliat  all  acts  and  parts  ot  acts  contrary  to,  or  con- 
ilicting  witii  this  act,  \\q.  and  they  are  hereby  repealed. 


Limitation  ot 
Act. 


Repeal. 


Pro  visions  of 


Sec.  2.  B(i,  it  further  enncted,^\i^t\\\Q,'\}^o\\^\ovA  of  the  amendment  o 


tended  to  other 


act  to  which  this  is  an  amendment,  as  amended  by  this  act,  be  counties 


LAWS  OF  FLORIDA. 

extended  to  include  tlie  counties  of  Brevard,  Hernando,  Or- 
ange and  Sumter,  to  tlic  same  extent  that  would  have  been 
if  they  had  been  specially  named  in  said  original  act. 

Passed  the  House  of  Representatives  November  30, 1SC4.    Passed  the  Senate- 
December  3, 1864.    Approved  by  the  Governor  December  5, 18(>4. 


Appropriation. 


Governor  to  di- 
rect  expcndi- 
tare. 


Chapter  1,438— [Xo.  9.] 

AN  ACT  for  the  relief  of  our  sick  and  wounded  Soldiers. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Mep- 
resentojtives  of  the  State  of  Florida  in  General  Assenwly  cor^ 
vened,  That  there  be  and  is  liercby  appropriated  the  sum  of 
sixty  thousand  dollars,  for  tlie  purpose  of  aiding  the  sick  an<if 
vrounded  soldiers  from  this  State,  Avhich  sum  shall  be  ex- 
pended from  time  to  time  as  the  (-i-overnor  may  direct,  anv$ 
in  such  manner  as  he  may  prescribe,  and  tlie  Governor  shall 
for  that  purpose  issue  his  orders  upon  the  Comptroller,  wh© 
shall  draw  a  warrant  on  the  Treasurer  for  the  amount  speci- 
fied on  the  order  of  the  Governor,  and  the  Treasurer  shall 
pay  the  same. 

Passed  the  House  of  Representatives  November  .30, 1804.    Passed  the  Senaia* 
December  1, 1«64.    Approved  by  the  Governor  December  5, 1864. 


Chapter  1,439— [No.  10.]. 

AN  ACT  to  provide  for  the  appointment  of  County  OfDcers  in  certain  caBts- 

•    Section  1 .  Be  it  enacted  hy  the  Senate  and  House  of  Hep- 

resentatives  of  the  State  of  Florida  in  General  Assembly  co7i~ 
officers  that  "^^Gned^  That  if  at  any  time  any  Sherifi',  Circuit  Clerk,  Tax- 
aiay  be  appoint-  Asscssor  or  Collector,  Coroucr,  Couuty  Surveyor,  Judge  oi 
cases.  Probate  or  County  Commissioner  shall  be  t^ken  prisoner  by 

the  public  enemy,  so  that  he  cannot  perform  the  duties  of 
his  office,  it  shall  l)c  lawful  for  the  Governor,  and  he  is  here- 
by authorized  and  re(piirod  to  appoint,  a  fit  and  proper  per- 
Gov'nor  shall  SOU  in  tlic  phicc  of  tlic  officer  so  taken  prisoner,  Mdio  shall 
appomt-  j-^qU  .^-^^  discharge  the  duties  of  said  officer  until  the  officer 
is  released  from  captivity   and   i-eturns  to  the  county  froni 


make 
ment 


LAWS  OF  FLORIDA. 


17 


which  he  was  taken,  or  the  term  of  office  of  said  person  ex- 
pires by  legal  limitation. 

Sec.  2.  ^e  it  fiirther  enacted^  That  whenever  the  Gov- 
ernor shall  appoint  an  officer  imder  the  first  section  of  this 
act,  it  shall  be  lawful  for  him  to  require  of  the  officer,  so  ap- 
pointed, like  bond  and  security,  conditioned  for  the  faithful 
discharge  of  his  official  duties,  as  was  required  of  tlie  officer 
taken  prisoner  by  tlie  enemy :  Provided.,  however.,  This 
act  shall  not  be  construed  to  deprive  or  take  away  the  pow- 
er vested  by  law  in  any  Judge  of  a  Circuit  Court  when  a 
Tacancy  occurs  in  the  office  of  Clerk  or  Sheriff,  if  the  said 
Judge  is  in  the  discharge  of  his  duties. 

Sec.  3.  Be  it  further  enacted^  That  whenever  any  of  the 
officers  mentioned  in  the  first  section  are  in  the  servic^  of 
the  Confederate  States,  so  that  they  cannot  perform  the  du- 
ties of  their  office,  the  Governor  shall  have  the  power  to  ap- 
point, as  is  provided  in  said  first  section,  which  appointment 
shall  continue  until  the  discharge  of  the  officer  from  said 
service  or  the  term  of  office  expires  by  legal  limitation. 

Sec.  4,  And  he  it  further  enacted.  That  the  (rovernor  be 
requested  to  appoint  such  county  officers  as  were  duly  elect- 
ed by  the  people,  on  tlie  first  Monday  in  October,  1864. 

Passed  tbo  House  of  Representatives  NoTcmbcr  2G,  1864.    Passed  the  Senate 
December  2, 1864.    Approved  by  the  Governor  December  5, 1864. 


1864. 


Bond  of  oflScer. 


Proviso. 


OflScerB  in  ser- 
vice of  Confed. 
States. 


County  officers 
elected  in  Oct, 
ISM. 


Chapter  1,440— [Xo.  11.] 

AN  ACT  to  authorize  William  F.  Piussell  to  enter  one  hundred  and  sixty 
acres  of  Land. 

Whekeas,  William  F.  Russell  did  enter  one  hundred  and  sixty 
acres  of  land  in  Marion  county,  which  land  has  since  been 
sold  by  the  State  of  Florida  since  the  Ordinance  of  Seces- 
sion— Therefore, 

Section  1.  Be  itenactedhy  the  Sefiate  and Iloii^e  of  Bep- 
reseivtatives  of  the  State  of  Florida  in  General  Assemhly  con- 
vened, That  William  F.  Russell  be  and  he  is  hereby  author- 
ized to  enter,  free  of  charge,  one  hundred  and  sixty  acres  of 
the  Public  Lands  of  Florida,  liable  to  entry,  and  which  are 
not  by  law  selected  for  School  or  Seminary,  or  Internal  Im- 
provement Lands,  and  the  Receiver  is  hereby  authorized  to 
issue  a  patent  therefor  as  in  cases  of  sale. 

Passed  the  Senate  December  3, 1804.    Passed  the  House  of  Representatives 
December  5, 1864.    Approved  by  the  Governor  December  6, 1864. 
3 


Preamble. 


Resolution. 


18 


1864. 


Tax  Assessors 
made  census  ta- 
kers. 


Enmncration 
oT  inhabitants. 


List. 

Returns. 
Compensation. 


Appropriation. 


Perms. 


Tax  Assessor 
foiling  to  do  du- 
ty. 


LAWS  OF  FLORroA. 

Chafer  1,441— [No.  12.] 

AN  ACT  to  provide  for  taking  the  Census  ia  tlie  year  1865  in  this  State.  • 

•  Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened^ 
That  the  Tax-Assessors  and  Collectors  of  the  several  counties  in 
this  State  be  and  they  are  hereby  constituted  and  appointed 
takers  of  the  census  of  the  inhabitants  of  their  respective  coun- 
ties for  the  year  eighteen  hundred  and  sixty-live. 

Sec.  2.  lie  it  further  enacted^  Tliat  the  said  Tax-Assessors  and 
Collectors  shall  proceed  to  make  an  enumeration  of  all  the  inhabi- 
tants of  their  respective  counties,  distinguishing  the  free  white 
inhabitants,  slaves  and  free  persons  of  color  therein  residing,  and 
making  a  list,  or  statement  in  duplicate,  accurately  prepared,  of 
sueh  inhabitants  and  such  enumeration,  one  copy  of  which  list 
shall  be  filed  in  the  office  of  the  Judge  of  Probate  of  the  respec- 
tive counties,  :md  the  other  returned  to  the  Secretary  of  State. 

Sec.  2  Be  it  further  enacted.  That  tlie  said  enumeration  shall 
be  made  and  the  return  thereof  made  to  the  Secretary  of  State 
by  said  takers  of  the  census  on  or  before  the  first  day  of  Septem- 
ber, A.  D.  1865;  and  as  compensation  for  their  services  under  this 
act,  the  said  census  takers  shall  receive  ten  cents  per  capita  for 
the  first  thousand  inhabitants,  and  six  cents  for  all  over  one  thou- 
sand and  under  three  thousand,  and  four  cents  for  all  over  three 
thousand  ;  and  for  all  counties  having  less  than  five  hundred  in- 
habitants, sixteen  cents  for  each  inhabitant,  which  amount  shall 
be  paid  in  each  case  by  warrant  of  the  Comptroller  upon  certifi- 
cate of  the  Secretary  of  State  that  tlie  duties  required  of  the  said 
takers  of  the  census  have  been  discharged  properly  and  there- 
turn  made  to  his  office  according  to  law. 

Sec.  4.  Be  it  further  enacted.  That  for  the  purpose  of  carry- 
ing out  the  provisions  of  this  act,  the  sum  of  ten  thousand  dol- 
lars is  hereby  appropriated  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated;  and  that  the  Secretary  of  State  shall, 
under  the  direction  of  the  Governor,  furuisli  suitable  printed 
forms  to  the  census  takers  herein  provided  for,  which  forms  shall 
give  such  directions  as  to  the  particulars  of  the  enumeration 
herein  provided  for  as  may  by  the  Governor  be  deemed  proper 
and  expedient,  and  which  forms  and  directions  shall  in  all  res- 
pects be  accui-ately  observed  by  said  census  takers  in  making 
said  enumeration. 

Sf:c.  5.  Be  it  farther  enacted^  That  if  any  Tax- Assessor  shall 

fail,  refuse  or  neglect  to  perform  any  of  the  duties  imposed  by 

tliis  act,  he  shall  be  guilty  of  a  disdemeanor,  and  shall  be  subject 

to  a  fine  of  not  less  than  one  thousand  dollars  at  the  discretion 

of  court. 

Passed  the  House  of  Representatives  December  1,  180-1.     Passed  the  Senate 
December  2, 18G4.    Approved  by  the  Governor  December  6, 1864. 


LAWS  OF  FLORIDA. 


19 


1864. 


Chapter  1,442— [No.  13.] 

A]^  ACT  to  amend  "  An  Act  to  provide  for  the  establishment  of  two  Seminaries 

of  Learning. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened^ 
That  that  portion  of  the  3cl  Section  of  an  "Act  to  provide  for        ^^ 
the  establishment  of  two  Seminaries  of  Learning,"  approved  Jan-  intendant. 
uary  24, 1851,  which  provides  that  the  County  Superintendent  of 
the  county  in  wliich  such  Seminaries  are  situated  shall  be  ex-ofii- 
cio  a  member  and  Secretary  of  the  Board  of  Education  for  each 
Seminary,  be  and  the  same  is  hereby  so  amended  as  to  relieve 
the  Judge  of  Probate  or  County  Superintendent  of  Leon  county 
from  the  discharge  of  said  functions  and  duties :  Provided,  That 
the  Governor  shall  appoint  some  suitable  person  to  iiil  the  place       Governor  to 
of  member  of  the  Board  of  Education  for  the  Seminary  West  of  ^pp°"^  • 
the  Suwannee,  made  vacant  by  the  provisions  of  this  act. 

Passed  the  House  of  Represeutatives  December  3,  1SG4.    Passed  the  Senate 
December  5, 18G4.    Approved  by  the  Governor  December  6, 1S(M. 


Chapter  1,443— [Xo.  14.] 

.  AN  ACT  for  the  Edncation  of  Soldiers' Children. 

'  Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
senU dives  of  the  State  of  Florida  in  General  Assembly  convened, 
TJiat  it  shall  be  the  duty  of  the  Board  of  County  Commissioners 
of  eacli  county  in  tliis  State  to  have  a  list  made  of  all  the  orphan 
children  of  every  deceased  soldier  or  sailor  who,  when  he  enlist- 
ed in  the  service  of  tlie  Statt-  of  Florida  or  of  the  Confederate 
States,  resided  in  the  State  of  Florida,  and  of  all  children  of  sol- 
diers or  sailors  Avho  now  are  or  have  been  in  either  of  said  ser- 
vices and  whose  oircumstances  are  such  as  to  prevent  such  par- 
ent from  giving  his  child  or  children  a  suitable  education  ;  and 
upon  said  list  lieing  perfected,  a  copy  shall  be  sent  to  the  Gov- 
ernor, and  it  shall  be  the  duty  of  said  County  Commissioners  to 
send  each  and  eveiy  child  herein  provided  tor  to  some  suitable 
school  nearest  the  residence  of  the  child,  and,  where  there  is  no 
such  school,  to  establish  such  number  as  may  be  nece^ssary  to  in- 
sarefln  English  education  to  all  such  children  in  their  respective 
counties,  and  to  provide  male  or  female  teachers  therefor ;  and 
they  sIl-vH  e.xnmine  and  certify  to  the  several  accounts  v/hich  ex- 
hibit the  sums  of  money  which  are  actually  necessar}'  for  the 
purposes  aforesaid,  and  send   the  same  to  the  Governor  for  his 


List  of  children 
of  soldiers. 


Comity  Com- 
missionera  to 
send  children  to 
school. 


Teachers. 


Acconnts. 


20  LAWS  OF  FLORIDA. 


1864.        examination,  who,  if  he  shall  approve  the  Game,  shall  issue  his  or- 
der thereon  for  payment,  but  if  he  shall  disapprove  of  the  same. 
Warrant  for  it  shall  be  sent  back  to  the  County  Commissioners  for  correction ; 
payment.  and  the  Comptroller  shall  draw  his  warrant  on  the  order  of  the 

Governor  and  the  Treasurer  shall  jmy  the  same.  And  when- 
miB^ionera^faTi-  ^^^^  ^^  ^^Y  cause  whatever  the  County  Coramissoners  of  any 
ing  to  perform  county  shall  fail  or  be  unable  to  perform  the  duties  herein  en* 
anty.  joined  upon  them,  or  whenever  by  reason  of  any  cause  there  is 

no  Board  of  County  Commissioners,  the  Governor  shall  appoint 
a  suitable  person  for  such  county,  who  shall  discharge  the  duties 
herein  enjoined  upon  the  County  Commissioners. 

Sec.  2.  JBe  it  further  enacted,  That  all  such  schools  andteach- 

Governor  t  o  ^^^  ^^^^^  ^^^  Under  the  especial  control  and  guardianship  of  the 

control  and  di-  Governor,  who  shall  from  time  to  time  require  the  same  to  be 

rcct  schools.       visited  by  suitable  persons  to  be  appointed  by  him,  and  report 

to  be  made  to  him,  and  he  shall  make  and  prescribe  such  rules 

and  regulations  as  to  insure  to  each  child  in  this  act  provided  for 

an  English  education. 

Sec.  3.  J3e  it  further  enacted.,  That  there  shall  be  levied  and 
Tax.  collected  a  tax  upon  all  property  now  by  law  taxed  by  the  gen- 

eral tax  laws  of  this  State,  and  in  the  same  manner  and  at  the 
same  time  and  places  a  tax  of  one-third  of  one-sixth  of  one  per 
cent.,  which  shall  form  a  special  fund  for  the  purposes  of  this  act. 

Passed  the  House  of  Representatives  November  30, 1864.    Passed  the  Senate 
December  1, 1864.    Approved  by  the  Governor  December  6, 1804. 


Note.— The  words  "of  one"  have  been  inserted  in  the  text  of  the  above  act> 
60  that  the  section  will  read  "onc-thirJ  crouc-s:r;th  of  one  per  cent."  Although 
in  the  enrolled  act  the  wcrcls  "of  one"  are  omitted,  r.s  well  as  in  the  engrossed 
bill,  which  has  been  examined,  yet  the  original  bill  contains  these  words,  which 
have  probably  been  omitted  in  the  engrossed  and  enrolled  bills  by  oversight  or 
mistake,  as  it  is  not  probable  that  the  General  Assembly  could  have  intended 
to  impose  such  a  tax  as  that  provided  by  the  act  as  enrolled  for  the  purposes 
contemplated  therein. 


CuAPTEli  1,444— [No.  15.] 

AN  ACT  to  amend  an  act  entitled  "  An  Act  to  allow  the  Supreme  Court  of  thi* 
State  to  hold  extra  terms  in  certain  cases  therein  specified,"  approved  Decern 
ber  28, 1804. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Reprtr 

sentatives  of  the  /State  of  Florida  in  General  Assembly  convened., 

Circnit  Judges  That  hereafter  it  shall  and  raav  be  lawful  for  the  respective 

M/^^&umed  Judges  of  the  Circuit  Courts  of  Vnis  State  to  hold   extra  or  ad- 

*ermB.  journed  terms  of  said  Courts,    whenever  said  Courts  shall  not 


LAWS  OF  FLORIDA. 


81 


have  been  holden  at  the  time  or  times  prescribed  by  law  in  con- 
sequence of  the  presence  of  the  enemy  or  for  any  other  causes, 
and  it  shall  be  the  duty  of  the  Judges,  in  such  cases,  to  appoint  a 
convenient  day  or  days  for  the  holding  of  sudi  extra  or  adjourned 
terms  whenever  there  shall  have  been  a  failure  from  any  cause 
of  the  regular  terme. 

Sec.  2.  lie  it  further  efiactcd,  That  whenever  it  shall  appear  to 
the  Governor  of  this  State,  that  any  Judge  of  the  Circuit  Court 
in  either  of  the  Judicial  Circuits  of  this  State  is  absent  from  his 
Circuit  and  cannot  hold  the  Courts  of  the  same,  it  shall  be  lawful 
for  the  Governor,  and  he  is  hereby  authorized  and  required,  to 
appoint  and  assign  one  of  the  Judges  of  the  Circuit  Court  to  hold 
the  terms  of  the  Court  m  the  Circuit  at  Guch  time  or  times  as  the 
Governor  may  direct. 

Sec.  3.  Jie  itfurthxr  enacted^  That  if  any  Judge  shall  fail  in  the 
performance  of  the  duty  required  of  him  by  the  Governor,  under 
the  precedmg  section  of  this  act,  such  failure  shall  be  cause  of 
impeachment  of  such  Judge. 

Sec.  4.  Ba  it  further  enacted^  That  the  Judges  of  the  Circuit 
Court  shall  receive  an  increased,  compensation  sufficient  to  reim- 
burse them  for  the  increased  expense  to  which  they  may  be  sub- 
ject in  perforaiing  the  duties  required  by  this  act,  to  be  paid  on 
the  warrant  of  the  Comptroller  to  be  issued  upon  the  certificate 
of  the  Governor. 

Sec.  5.  Be  it  further  enacted^  That  whenever  there  is  any  legal 
business  which  could  have  been  determined  in  the  Western  Cir- 
cuit at  Chambers,  the  same  may  be  heard  and  detennined  before 
the  Judge  of  the  2.1iddle  Circuit  at  his  Chamber,  upon  giving 
notice  thereof  to  the  opposite  party,  plaintiff  or  defendant, 
during  the  absence  of  the  Judge  of  the  Western  Circuit. 

Passed  the  House  of  Reprcseatatives  November  26, 1864.  Passed  the  Senate 
December  1, 1864.    Approved  by  the  Governor  December  6, 1864. 


1864. 


Governor  may 
appoint  or  as- 
Bisn  other 
Judge  in  case  oC 
absence  of  in- 
cumbent. 


Jndffc  failing 
to  pcrlorm  duty 


Compcnsaticm. 


Judicial  busi- 
ness of  Westem 
Circuit. 


Chapter  1,445— [No.  16.] 
AN  ACT  to  fix  the  County  Site  of  Brevard  County,  and  for  other  purposes. 

Section  1 .  Be  it  erMcted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  conveiied^ 
That  the  county  site  of  Brevard  county  shall  be  and  the  same  is 
hereby  located  at  Eassville,  in  said  county,  and  that  all  records 
and  county  offices  shall  be  held  and  kept  at  said  county  site. 

Sec.  2.  Be  it  further  enacted,  That  there  shall  be  an  election 
held  in  said  county  on  the  first  Monday  in  March  next,  to  fill  any 


County  Bite. 


Election  of 
county  o&cera. 


Repeal. 


LAWS  OF  FLORIDA. 

vacancies  tbat  may  e^cist  in  the  county  offices  of  said  county,  and 
that  from  and  after  the  passage  of  this  act,  all  the  county  busi- 
ness of  said  county  shall  be  done  and  transacted  in  said  county 
of  Brevard,  by  its  own  county  officers,  in  like  manner  as  in  other 
counties  of  this  State,  and  any  election  heretofore  held  for  euch 
officers  are  hereby  Jegalized  and  made  valid. 

Sec.  3.  Beit  further  enacted^  That  all  laws  and  parts  of  laws 
conflicting  with  the  provisions  of  this  act  be  and  the  same  are 
hereby  repealed. 

Pas&ed  the  House  of  Represcutativos  November  30, 18G4.    Passed  the  Senate 
December  .5, 1864.    Approved  by  the  Governor  Dccerabcr  6,  ISM. 


Quartermaster 
to  make  esti- 
mate of  expen- 
ditures. 


Comptroller   to 
issue  warrant. 


Quartermasters 
accounts. 


Proviso. 


Chapter  1,440— [No.  17.] 

AN  ACT  to  facilitate  the  transaction  of  business  in  the  Quartermaster  General's 

Office. 

Section  1.  Be  it  enacUdhy  th^e  Senate  and  House  of  Repre- 
sentatlves  of  the  State  of  Florida  in  General  A^senihhj  convened^ 
That  the  Quartermaster  General  shall  mxke  quarterly  estimates 
of  the  amount  of  money  required  for  the  ensuing  quarter  for  the 
use  of  his  department,  wliich  estimate  shall  be  exhibited  to  the 
Governor,  and  if  the  Governor  ap[)rove  such  estimate,  he  shall 
draw- an  order  on  the  Comptroller  for  the  amount,  and  the  Comp- 
troller shall  issue  a  warrant  thereon  in  favor  of  tiie  Quartermas- 
ter General,  and  the  Treasurer  sluill  pay  the  same. 

Sec.  2.  Be  it  further  enacted,  That  at  the  exjjiration  of  each 
quarter,  the  Quartermaster  General  shall  present  his  accounts 
and  vouchers  to  the  Comptroller,  who  shall  audit  and  allow  all 
2>ayments  made  according  to  law :  Provided,  however,  The  amount 
appropriated  shall  not  exceed  three  thousand  dollars  to  meet  the 
quarterly  estimates  of  the  Quartermaster. 

Passed  the  Senate  November  28,  18(;4.  Passed  the  House  of  Uepreecnhuives 
December  '6, 1864.    Approved  by  tlie  Governor  December  6,  18C4. 


CnAPTEll  1,447— [No.  IS.] 
AN  ACT  in  relation  to  Estates  in  this  State. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 

sentatives  of  the  State  of  Blorida  in  Geiieral  Assembly  convensd^ 

keTto  ethM^'^  That  whenever,  in  the  opinion  of  the  administrator  or  execiitot. 


LAWS  OF  FLORroA. 


23 


Commission- 
ers in  regard  to 
management  of 
estate. 


or  any  person  having  any  interest  in  any  estate,  real  or  personal,         1864. 

in  this  State,  it  would  be  detrimental  to  have  such  estate  sold  or 

hired  or  rented  during  the  war,  such  person  or  persons  may  file 

a  petition,  under  oath,  before  the  Judge  of  Probate  of  the  county 

where  the  estate  is  situated,  setting  forth  the  facts  and  praying 

for  an  order  to  have  said  estate  kept  together  and  carried  on,  or 

to  have  said  estate  divided  among  the  heirs  or  distributees. 

Sec.  2.  lie  it  further  enacted^  That  upon  the  tiling  of  said  peti- 
tion, it  shall  be  the  duty  of  the  Judge  of  Probate  to  appoint  three 
suitable  disinterested  persons,  citizens  of  the  county,  as  Commis- 
sioners, who  shall  report  upon  oath  whether  it  is  advisable  to  sell 
the  personal  property  and  slaves,  or  to  sell  a  part  and  hire  a  part 
or  portion  of  such  slaves  or  personal  pro})erty,  or  to  hire  or  rent 
the  whole  of  the  lands,  slaves,  or  personal  property  comprising 
the  estate,  or  to  have  said  estate  kept  together  and  the  sam*  en- 
gaged in  planting  or  the  usual  business  that  said  estate  was  em- 
ployed in ;  and  the  Judge  of  Probate  shall  iseue  his  order  in  con- 
formity to  the  report  of  the  Commissioners  :  I^ovided,  hcncever. 
The  admisinstrator  or  executor,  or  any  other  person  interested 
in  said  estate,  may  take  an  appeal  to  the  Judge  of  the  Circuit 
Coui-t  from  said  order,  upon  giving  noticft  in  "writing  to  the  ad- 
ministrator or  executor  of  said  estate,  which  appeal  may  be 
taken  at  the  time;  and  the  Judge  of  the  Circuit  Court  shall  hear 
the  whole  matter  de  ;(<o?»a,  and  shall  issue  such  order  as  ho  may 
deem  necessary  to  arrive  at  a  final  judgment. 

Skc.  3.  Be  Ufurthtr  enacted^  That  nothing  in  this  act  shall  be 
so  construed  as  to  prevent  partition  of  red  or  personal  property, 
as  now  by  lavr  provided. 

Sec.  4.  Beit  further  enacted^  ThoX  administratoi's  and  execu- 
tors and  guardians  who  may  have  received  Confederate  money, 
or  who  may  have  invested  funds  of  estates  in  their  hands  in  Con- 
federate bonds,  shall  be  permitted  to  sell  the  same  and  reinvest 
the  proceeds  thereof  in  six  per  cent.  non-taxEble  bonds  of  the 
Confederate  States. 

Sec.  5.  Be  itfurth<yr  enacted,  That  when  any  person  dying  in- 
testate shall  leave  a  widow,  she  shall  be  entitled  to  keep  her  wear- 
ing apparel  and  such  household  goods  and  farming  utensils,  pro- 
visions and  clothing,  as  may  be  necessary  for  her  maintenance 
and  that  of  her  family,  to  be  set  apart  by  the  appraisers,  who 
shall  have  special  regard  to  the  ability  of  such  widow  and  chil- 
dren to  provide  for  and  maintain  themselves  ;  and  the  aforesaid 
articles  shall  not  be  considered  and  takea  as  foruung  a  part  of  the 
widow's  dower  in  any  case. 

Sec.  G.  Be  it  further  enacted,  That  all  laws  and  parts  of  laws      Repeal, 
conllictiug  with  this  act  be  and  they  are  hereby  repealed. 

Passed  tlic  Senate  November  26, 18fU.    Passed  the  House  of  Rcprcscutativcs 
Deceiuber  5, 18*Jl.    Approved  by  tbe  Governor  Diccmber  6, 1SG4. 


Appeal. 


Petition  of  es- 
tate. 


Confederate 
funds. 


Widow  entitled 
to  wearing  ap- 
parel, &e.,  sep- 
arate from  dow- 
er. 


24 


LAWS  OF  FLORIDA. 


1864. 


Chapter  1,448— [No.  19.] 

AN  ACT  to  increase  the  price  cl  Public  Lands. 

Section  1.  Be  it  enacted  by  the  Senate  a7id  House  of  Repre- 
sentatives of  the  State  of  Florida  hi  General  Assembly  convened^ 
Price  of  lands.  That,  from  and  after  the  first  day  of  January  next,  the  price  ol 
the  pubUc  lands  of  this  State,  acquired  by  secession,  shall  be  ten 
dollars  per  acre  for  hammock  lands,  and  five  dollars  per  acre  for 
other  lands  ;  and  the  purchaser  shall  pay  in  addition  thereto  the 
sum  of  five  per  cent,  upon  the  amount  of  purchase  money  as  com- 
missions to  the  Register  or  Receiver,  and  such  Register  or  Receiv- 
er shall  not  charge  the  State  for  commissions  upon  entries  here- 
after made,  except  entries  made  by  soldiers  or  their  -vyidows,  or 
minor  children. 

Sec.  2.  Be  it  further  enacted.  That  the  price  of  the  School  and 
Seminary  lands  be  and  they  are  hereby  increased  to  five  times 
the  price  at  which  they  are  now  held. 

Passed  the  Senate  December  3,  ISoi.  Passed  the  House  of  Representatives 
December  5, 1864.    Approved  by  the  Governor  December  7, 1864. 


CommiBsiOTis. 


Price  of  School 
and  Sciuinar> 
Sinds. 


Soldiers  in  Con 
fid.  service. 


CuAPTSR  1,449— [No.  20.] 

AN  ACT  to  amend  the  laws  providing  for  the  Stay  of  Executions. 

Section  1 .  Be  it  enacted  by  Che  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  G enercd  Assenxhly  convened,, 
That,  from  and  after  the  passage  of  this  act,  it  shall  not  be  law- 
ful to  demand  from  any  soldier  v/ho  now  is  or  has  been  in  the 
service  of  the  Confederate  States,  and  who  may  have  been  hon- 
orably discharged  from  the  same,  the  bond  required  to  be  given 
by  the  first  section  of  an  "  Act  providing  for  the  Stay  of  Execu- 
tions in  this  State,"  approved  December  13,  1861. 

Passed  the  House  of  RcprcEcntatives  November  SO,  1834.  Passed  the  Senate 
December  7, 1864.    Approved  by  the  Governor  December  7, 1864. 


Chapter  1,450— [No.  21.] 

AN  ACT  to  amend  "An  Act  to  incorporate  the  City  of  Lake  City." 

Section.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 

.      sentatives  of  the  State  of  Florida  i7i  General  Assembly  conven- 

_^  rporate  hm-  ^^j^  "Yh^t  the  corporate  Umits  of  the  city  of  Lake  City  be  and 

they  are  hereby  declared  to  be  comprehended  within  the  follow- 


LAWS  OF  FLORroA. 


25 


ing  bounds,  that  is  to  say,  tliree-quarters  of  a  mile  north,  south, 
east  and  west  of  the  Court  House  of  Cohimbia  county,  in  every 
direction  therefrom. 

Sec.  2.  Be  it  further  enacted.  That  the  City  Council  of  Lake 
City  be  and  they  are  hereby  authorized  and  empowered  to  ap- 
point a  city  Surveyor,  a  city  Pliysician  and  city  Attorneys,  if  in 
their  judgment  they  shall  deem  such  officers  and  appointments 
necessary  or  proper  to  be  made. 

Passed  the  House  of  Representatives  December  3,1864.    Passed  the  Senate 
December  6,  186i.    Approved  by  the  Governor  December  7, 1S64. 


1864. 


City  Surveyor. 


Chapter  1,451— [Xo.  22.] 

AN  ACT  to  authorize  the  Administrator  of  the  estate  of  Anna  L.   Casey  to 
malic  title  to  certain  lots  in  Columbia  County. 

WiiEKEAS,  Anna  L.  Casey,  late  of  the  county  of  Columbia,  did, 
previous  to  her  decease,  give  to  the  Catholic  Church  of  the 
city  of  Lake  City,  in  said  county,  a  certain  lot  of  land  in  said  Preamble, 
place  for  Church  purposes,  and  declared  her  intention  to  per- 
fect titles  to  the  sanie,  but  was  prevented  by  death  from  so 
doing  ;  and,  whereas,  the  said  decedent  died  intestate  and  with- 
out heirs  or  devisees  ;  and,  whereas,  it  is  deemed  proper  that 
her  intention  to  convey  said  property  shall  be  allowed  to  be 
.  carried  into  efiect — Therefore, 

Sectiox  1.  Be  it  enacted  hy  the  Senate  and  Souse  of  Repre- 
sentatives of  the  State  of  Florida  hi    Genercd  Assembly  conven- 
ed. That  the  Administrator  of  the  estate  of  said  Anna  L.  Casey     Admmistratot 
be  and  he  is  hereby  authorized  to  carry  out  the  intention  of  said  to  make  title, 
decedent,  and  to  make  such  titles  to  said  property  as  may  be 
deemed  necessary  and  proper  [to]  effect  that  purpose. 

Passed  the  Hotise  of  Representatives  December  3,  1864.    Passed  the  Senate 
December  6, 1S64.    Approved  by  the  Governor  December  7, 1S64. 


Chapter  1,452— [No.  23.] 

AN  ACT  in  relation  to  the  the  commissions  of  Executors,  Guardians,  Curar 
rators  and  Administrators. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Florida  in   General  Assembly  conven- 
ed^ That  the  commissions  of  executors,    guardians,    curators 
4 


Executors,  &c 
In  military  eer- 
Tice. 


26  LAWS  OF  FLORIDA. 

1864.  and  administrators  M'Iiq  are  in  tlie  military  service  of  the  Con- 
federate  States  be  allowed  tbem,  whether  they  make  their  annual 
returns  within  the  time  prescribed  by  law  or  not :  Provided^ 
That  Avithin  three  months  after  their  discharge  from  said  service, 
or  within  three  mouths  after  the  termination  of  the  war,  they 
shall  file  all  returns  then  due. 

Sec.  2.  Be  it   further  enacted,  That  all  commissions   which 

commisgions  have  heretofore  been  forfeited  by  puch  persons,  whether  in  the 

aiiowecf  ^°  ^^  Confederate  States  or  State  service,  be  allowed  them  :  Provided^ 

They  shall  file  all  returns  due  within  the  time  mentioned  in  the 

first  section  of  this  act. 

Sec.  3.  JRe  it  further  enacted.  That  the  returns  now  by  law  re- 
made by  Attor-  quired  to  be  made,  may  be  made  by  the  agent  or  attorney  de 
°*^y-  facto  of  the  persons  specified  in  the  first  section  of  this  act. 

Passed  the  Senate  December  5, 1864.    Passed  the  House  of  Representatives 
December  7, 1804.    Approved  by  the  Governor  December  7, 18(34. 


Chapter   1,453— [No.  24.] 

AN  ACT  to  amend  an  Act  entitled  "An  Act  to  amend  the  Election  Laws  of  this 
State  as  regards  the  mode  of  voting,  and  lor  other  purposes,"  approved  De- 
.cemberS,  1863.   . 

Section  1.  He  it  enacted  by  the  Senate  and  House  of  Rejyre- 
sentailves  of  the  IState  of  FloHda  in  General  Assembly  co7iven- 
ed.  That  so  much  of  an  act  entitled  "An  act  to  amend  the  elec- 
tion laws  of  this  State  as  regards  the  mode  of  voting,  and  for 
other  purposes,  "approved  Dec.  8,  1862,  as  requires  that  the  In- 
spectors of  elections  shall  number  the  ballots  given  at  any  elec- 
tion to  correspond  Avith  the  name  of  the  voter  on  the  poll-book, 
be  and  the  t.sme  is  hereby  repealed. 

Passed  the  House  of  Rei'rescntatives  December  2,  1864.    Passed  the  Senate 
December  0, 1804.    Approved  by  the  Governor  December  7, 1864. 


Chaptbr  1,454— [No.  25.] 

AN  ACT  to  appropriate  a  Fund  for  clothintf  of  troops  from  Florida  In  the  Con- 
federate service,  and  to  purchase  and  distribute  Garde. 

Section  1.  Be  it  enacted  by  tJie  8enat«  and  House  of  Bepre- 

sentatives  of  the  State  of  Plorida  in  General  Assembly  eonven- 

AppropriatJon.  6^>  That  the  sura  of  fifty  thousand  dollars,  or  so  much  of  the 

same  as  the  Governor  may  deem  necessary,  be  and  it  is  hereby 


LAWS  OF  FLORIDA. 


27 


appropriated  and  placed  at  the  disposal  of  the  Governor,  to  pro- 
vide clothing  for  troops  from  Florida  in  the  Coufed«rate  service, 
to  be  used  to  meet  contingencies  and  only  in  case  of  necessity 
and  for  special  occasions  and  circumstances. 

Sec.  2.  Be  it  farther  enacted,  That  th«  Governor  be  and  he  is 
hereby  authorized  and  required  to  contract  for  and  purchase,  at 
home  or  abroad,  three  thousand  pairs  of  cotton  cards,  for  the  aid 
of  soldiers'  families  and  others  that  require  assistance,  as  specifi- 
ed in  the  "act  to  provide  for  the  relief  of  soldiers'  families  and 
others  that  require  assistance,"  approved  by  the  Governor, 
December  3,  1863,  and  to  cause  the  same  to  be  distributed 
among  the  several  counties  for  distribution  to  the  poor ;  and 
the  Governor  shall  issue  his  order  on  the  Comptroller  for  the 
money  necessary  to  purchase  cards,  and  the  Comptroller  shall 
issue  his  warrant  for  the  same,  and  the  Treasurer  shall  pay  the 
same ;  and  the  sum  of  fifty  thousand  dollars  is  hereby  appro- 
priated to  carry  out  the  purposes  of  this  section. 

Passed  the  House  of  Representatives  December  5,  18&4.    Passed  the  Senate 
December  6, 18»>4.    Approved  by  the  GorerDor  D«cember  7, 18S4, 


1864. 


Cotton  Cards  to 
be  purchased.  . 


Distribution. 


Appropriation. 


Chapter  1,455— [No.  26.] 
AN  ACT  relative  to  the  fees  of  the  Clerk  of  the  Supreme  Court  and  Jailors.  . 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  Generid  Assembly  convened^ 
That  the  Clerk  of  the  Supreme  Court  shall  be  entitled  to  demand 
and  receive  the  same  increase  of  fees  as  was  allowed  to  the  Clerks 
of  the  Circuit  Courts  by  "  An  Act  to  raise  the  salary  of  the  State 
Treasurer  and  other  officers  therein  named,"  approved  Novem- 
ber 30,  1863. 

Sec.  2.  Be  it  further  enacted.  That  the  Sheriff  or  Jailors  of 
this  State  be  allowed  two  dollars  per  day,  fees,  for  taking  care  of  ors^f^s 
prisoners,  instead  of  one  dollar,  which   are  the  fees  now  allowed 
by  law. 

Passed  the  House  of  Representatives  December  5, 1864.    Passed  the  Senate 
December  5, 1864.    Approved  by  the  Governor  December  7, 1864. 


Clerk  Supreme 
Court  fees  in- 
creased. 


Sheriffs  &  Jeil- 


Chaptek  1,456— [No".  27.] 
AN  ACT  in  relation  to  the  Publio Defence. 

SEcnoN  1 .  Bt  it  enacted  by  the  Senate  and  Ho^ise  of  JRepre- 
sentatives  of  the  State  of  Florida  in  General  Assembly  convened. 
That  whenever  a  demand  shall  be   made  by  the  Confederate  of  siaves^for^ia- 
States  Government  for  slaves  to  labor  on  the  public  works  in  ^^l^^  public 


28 


LAWS  OF  FLORIDA. 


1864. 


Sheriffs  to  im- 
press on  order 
of  the  Gov'nor. 


All  impress- 
ment of  slaves 
to  be  made  in 
conformity  with 
tbis  act. 


this  State,  and  such  demand  be  in  conformity  with  the  laws  of 
the  Confederate  States  and  with  the  Constitution  and  laws  of  the 
State  of  Florida,  the  Governor  of  this  State  shall  order  an  im- 
pressment ^ro  raZa,  which  shall  be  strictly  uniform -and  equita- 
ble, of  the  free  negroes  and  slaves  in  this  State. 

Sec.  2.  Be  it  further  enacted^  That  such  impressment  shall  be 
made  on  the  orders  of  the  Governor,  by  the  Sheriif  of  the  seve- 
ral coimties,  any  Sheriff  failing  to  obey  said  order  shall  be  pun- 
ished, on  conviction,  by  fine  and  im})risonment  at  the  discretion 
of  the  Court ;  and  the  Governor  shall,  in  failure  of  any  Sheriff  to 
obey  said  order,  direct  the  duty  to  be  performed  by  tlie  Coroner 
or  such  other  civil  officer  of  the  county  as  he  may  select,  who 
shall  be  subject  to  the  like  penalties  in  case  of  failure. 

Sec.  3.  Be  it  further  enacted.  That  no  demand  as  (or)  im- 
pressment of  slaves  or  free  negroes  in  the  State  shall  be  made, 
except  in  conformity  with  the  provisions  of  this  law ;  and  if  any 
shall  be  made  in  violation  thereof,  it  is  hereby  declared  unlawful 
and  void. 

Passed  the  House  of  Representatives  December  3,  1864.  Passed  the  Senate 
December  3, 1864.    Approved  by  the  Governor  December  7, 1864. 


Citizens  ar- 
rested by  Con- 
fed,  officers. 


Chapter  1,457— [No.  28.] 
AN  ACT  to  protect  the  Citizens  of  Florida. 

Section  1.  JBe  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Florida  in  General  Assemhli/  convened^ 
That  whenever  a  citizen  or  citizens  of  this  State  shall  be  arrested 
by  order  of  a  Confederate  officer,  he  or  they  so  arrested  sliall  be 
turned  over  to  the  Commissioner  of  the  Confederate  States,  or 
the  civil  authorities  of  the  county  in  which  such  arrest  was  made, 
or  to  the  authorities  of  the  county  next  adjoining  for  examination. 

Sec.  2.  Be  it  further  enacted^  That  any  officer  who  shall  fail  or 
'Officers  faiiin?  neglect  to  comply  with  the  provisions  of  this  act,  within  a  reason- 
to  comply  with  able  time  after  such  arrest  has  been  made,  shall  be  guilty  of  a  mis- 
of  thi^^ct.^^°°°  demeanor,  and  shall  be  liable  to  indictment  before  the  Circuit 
Court  of  the  District  in  -which  such  offence  was  committed  ;  and, 
if  found  guilty,  be  fined  at  the  discretion  of  the  jury. 

Sec.  3.  Be  it  further  enacted^  That  the  fees  and  charges  re- 
ceived in  such  cases  shall  be  those  now  allowed  by  law  in  civil 
arrests. 

Passed  the  Senate  December  3,  1864.  Passed  the  House  of  Representatives 
December  5, 1864.    Approved  by  the  Governor  December  7, 1864. 


Fees. 


LAWS  OF  FLORroA. 


29 


ChapI-er   1,458 — [No.  29.] 
AN  ACT  for  the  relief  of  C.  L.  Demilly, 

Sectiox  1,  Be  it  enacted  by  the  Senate  and  House  of  Itepre- 
sentatives  of  the  State  of  I^orida  in  General  Assembly  conveti- 
ed,  That  the  Comptroller  be  and  he  is  hereby  authorized  to  au- 
dit and  allow  the  account  of  C.  L.  Demilly,  for  services  in  clean- 
ing and  repairing  arms  in  the  year  18G2,  and  the  Treasurer  shall 
pay  the  same  out  of  any  money  in  the  Treasury  not  othenvise 
appropriated :  Provided,  That  said  account,  or  the  amount  to 
be  paid  thereon,  shall  not  exceed  s.uch  amount  as  the  Governor 
may  certify  to  be  suitable  and  proper  compensation  for  said  ser- 
vices. 

Passed  the  House  of  Representatives  December  3,1864.    Passed  the  Senate 
December  5, 1864.    Approved  by  the  Governor  December  7, 1864. 


1864. 


Comptroller  to 
audit  account. 


Proviflo. 


CnAFTER  1,459— [No.  30.] 

AN  ACT  to  extend  the  terms  of  the  Solicitors  in  the  several  Judicial  Circuits 
in  this  State  to  the  first  day  of  January,  1866,  and  for  other  purposes. 

Section  1.  J^eit  enacted  by  the  Senate  and  Ilbuse  of  Hepre- 
se?itatives  of  the  State  of  Florida  in  General  AssetJibly  cofivetied.     Terms  of  So- 
That  the  terms  of  office  of  the  present  Solicitors  in  the  several  licitors  extend- 
Judicial  Circuits  be  and  are  hereby  extended  to  the  first  day  of 
January,  one  thousand  eight  hundred  and  sixty-six. 

Sec.  2.  Be  it  further  enacted.  That  the  term  of  office  of  Solic- 
itors hereafter  elected  commence  on  the  first  day  of  January  sue-  of'^m°*'^"°* 
ceeding  their  election,  and  continue  as  now  provided  by  law. 

Sec.  3.  Be  it  further  enacted,  That  the  term  of  office  of  all  State  Terms  of  state 
and  County  offices  shall  continue  until  their  successors  are  quali-  *°^^g^'oii^ty  o®- 
fied. 

Passed  the  House  of  Representatives  December  6, 1864.    Passed  the  Senate 
December  7, 1864.    Approved  by  the  Governor  December  7, 1864. 


Chapter  1,460— [No.  31.]^ 

AN  ACT  in  relation  to  the  recording  of  deeds  and  other  papers  in  Lafayette 

County. 

Section  1 .  Be  it  enacted  by  the  Senate  and  Souse  of  Bepre- 
sentatives  of  the  State  of  Florida  in  General  Assembly  conven- 
ed. That  the  clerk  of  the  Circuit  Court  of  Lafayette  county  shall  t^o°be'depoS 

deposit  in  the  Clerk's  office,  in  Madison  county,  the  books  used  in  ci*^'"'^^  ^^ce 

*'  of  Madison  Co. 


30 


LAWS  OF  FLORroA. 


Becords. 


1864.        by  him  for  the  recording  of  deeds,  mortgages  and  other  papers 
"  of  like  character;  and  it  shall  be  the  duty  of  the  said  Clerk  of 

the  Circuit  Court  of  Madison  county  to  admit  to  record  and  to 
record  in  said  books  such  papers  as  the  law  now  requires  shall 
be  recorded  in  the  said  county  of  Lafayette,  and  that  such  re- 
cord shall  be  as  valid  in  law  and  equity  as  if  the  same  had  been 
recorded  by  the  Clerk  of  Lafayette  county. 

Sec.  2.  Be  it  further  enacted.  That  whtnever  in  the  opinion 

of  the  Clerk  of  the  Circuit  Court  of  Lafayette  county  said  books 

Record  books  will  be  safe  in  his  county,  and  he  shall  be  able  to  resume  his  du- 

to  be  returned,    ties,  they  shall  be  delivered  to  him  by  the  Clerk  of  the  Circuit 

Court  of  Madison  County. 

Sec.  3.  Be  it  further  enacted^  That  all  laws  or  parts  of  laws 
Eepeai.  conflicting  with  the  proTi^ions  of  this  act  be  and  the  same  are 

hereby  repealed. 

Passed  the  Senate  December  1, 1864.    Passed  the  House  of  Representatives 
December  6, 1864.    Approved  by  the  Governor  December  7, 1864. 


Appropriation. 


OflBcerstomake 
quarterly  re- 
toms. 


What  returns 
made. 


Chapter  1,461— [No.  32.] 
AN  ACT  for  the  relief  of  Soldiers'  Families. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Florida  in  General  Assembly 
convened,  That  in  addition  to  the  amount  appropriated  at 
the  last  session  of  the  General  Assembly,  and  yet  unexpend- 
ed, there  be  and  is  hereby  appropriated  the  sum  of  Five 
Hundred  Thousand  Dollars.  This  amount  to  b©  disbursed 
in  accordance  with  tlie  provisions  of  an  act  entitled  "  an  act 
to  provide  for  the  relief  of  Soldiers'  Families,  and  others 
that  require  assistance,"  approved  December  3d,  1863. 

Seo.  2.  JJe  it  further  enacted,  That  it  shall  be  the  duty  of 
the  county  officers  having  in  charge  tlie  distribution  of  the 
fund  for  the  relief  of  soldiers'  families,  to  make  quarterly  re- 
turns under  oatli  to  the  Governor  of  their  proceedings,  v^hich 
shall  contain  a  detailed  statement  of  [the]  number  of  persons 
receiving  the  beuelit  of  this  act,  receipts  and  expenditures, 
and  of  distribution  of  funds  entrusted  to  them,  and  also  cause 
a  copy  thereof  to  be  posted  up  at  the  Court  House,  or  wherever 
practicable  in  their  respective  counties,  and  stating  the  wants  of 
their  respective  counties,  price  of  provisions,  salt,&c.,  amount 
of  provisions,  supplies,  &c.,  that  can  be  purchased,  and  rates  of 
transportation,  and  any  other  information  that  may  be  neces- 


LAWS  OF  FLORIDA. 


31 


sary  to  carry  out  the  provisions  of  the  act  to  which  this  is 
an  amendment ;  and,  in  case  of  faihire  to  do  so,  the  Govern- 
or is  hereby  authorized  to  withhold  all  payments,  under  the 
act,  to  any  county  whose  officers  are  iu  default,  until  such 
time  as  thev  comply  with  the  provisions  of  the  law. 

Sec.  3.  ^e  it  further  enacted^  That  in  addition  to  the  du- 
ties required  of  the  Justices  of  the  Peace  by  an  act  entitled 
"  an  act  to  ])rovide  for  the  relief  of  soldiers'  families,  and 
others  requiring  assistance,"  approved  December  3d,  1SG3, 
they  shall  assist  the  Board  of  County  Commissioners,  or 
Trustees  of  their  respective  counties,  in  the  distribution  of 
the  funds  and  supplies  which  may  be  furnished  them  by  the 
said  Board  of  County  Commissioners  or  Trustees,  in  their 
respective  districts,  under  the  direction  of  said  Board  of 
County  Commissioners  or  Trustees  ;  and  the  said  Justices  of 
the  Peace  shall  make  returns  in  writing,  under  oath,  to  the 
said  Board  of  County  Commissioners,  as  often  as  they  may 
direct,  of  the  manner  in  which  the  funds  and  supplies  en- 
trusted to  them  shall  have  been  distributed  ;  and  in  case  any 
Justice  of  the  Peace  shall  fail  or  refuse  to  faithfully  dis- 
charge the  duties  imposed  upon  him  by  this  act,  and  the  act 
to  which  this  is  an  amendment,  he  shall  be  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  fined  not 
less  than  one  thousand  dollars  or  imprisoned  not  less  than 
six  months,  at  the  discretion  of  the  Court. 

Sec.  4.  Be  it  furtJier  enacted,,  That  any  Judge  of  Probate, 
County  Commissioner  or  Trustee,  who  has  or  shall  hereafter 
assume  the  duties  imposed  upon  him  by  this  act,  and  the  act 
to  which  this  is  an  amendment,  and  shall  fail  or  neglect  to 
faithfully  discharge  the  same,  shall  be  guilty  of  a  misdemean- 
or, and,  upon  conviction  thereof,  shall  be  fined  not  less  than 
two  thousand  dollars  or  imprisoned  not  less  than  six  months : 
Provided,  however,  That  nothing  in  this  bill  shall  be  so  con- 
strued as  to  prohibit  the  counties  from  receiving  their  pro 
rata  share  of  the  appropriation  made  last  session  and  yet  un- 
expended. 

Sec.  5.  Be  it  further  enacted,  That  all  laws  or  parts  of 
laws  conflicting  with  this  act,  be  and  the  same  are  hereby 
repealed. 

Passed  the  House  of  Representatives  November  30, 1864.    Passed  the  Senate 
December  5, 1864.    Approved  by  the  Governor  December  7, 1864. 


1864. 


Governor  may 
withhold  pay- 
ments. 


Duties  of  Jus- 
tices  of  the 
Peace. 


Returns. 


Justice  of  the 
Peace  neglect- 
ing duty. 


Officers  neg- 
lecting their  do- 
ty, ^how  pun- 
ished. 


Proviso  as  to 
unexpended  hal 
ance. 


Repeal. 


32 


LAWS  OF  FLORIDA. 


1864. 


Trnstees  rto 
make  enquiry 
into  rates  anil 
cHarges  of  R.  K. 
Companies. 


TruBtees  to  es- 
tablish tariff  of 
prices. 


Trnstees  to  in- 
quire as  to  em- 
ployees of  R.  R. 
Companies. 


CiiAPiER  1,462— [No.  33.] 
AN  ACT  to  defiuc  the  duties  of  the  Trustees  of  tbc  Internal  Improvement  Board. 

SECTioi<r  1.  He  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Florida  in  General  Assembly  convened^ 
■[^hat  it  shall  be  the  duty  of  the  Trustees  of  the  Internal  Ira- 
provemeut  Fund  to  inamediatoly  make  inquii-y  into  the  prices 
charged  by  the  several  railroad  companies  in  this  State  for  the 
transportation  or  freight  of  the  citizens  of  this  State,  and  espec- 
ially the  amount  charged  the  soldier  while  traveling  off  duty, 
and  which  charge  he  has  to  paj^  individually,  and  to  see  that 
while  full  justice  is  done  the  railroad  companies  and  their  effi- 
ciency not  interfered  with,  that  the  people  are  protected  from 
exhorbitant  prices,  if  they  exist ;  and  for  this  purpose  the  Board 
of  Internal  Improvement  are  hereby  authorized  to  establislj  such 
tariif  of  ])rices  for  transportation  and  freight  as  they  may  be  au- 
thorized by  law  and  the  charters  of  the  companies  to  establish. 

Sec.  2.  Be  it  further  enacted.,  That  the  said  Board  inquire 
how  many  persons  are  employed  on  said  roads,  in  what  capacity, 
at  what  salary  or  compensation,  and  what  are  the  several  ages 
of  the  persons  so  employed,  and  that  the  Board  cause  the  result 
of  their  enquiry  to  be  published  in  some  newspaper  for  the  in- 
formation of  the  public. 

Passed  the  Senate  December  .5, 1861    Passed  the  House  of  Represeulativeg 
December  G,  18(54.    Approved  bj'  the  Governor  December  7, 1864. 


Appropriation. 
Senators. 


Chapter  1,463— [No.  34.] 

AN  ACT  making  appropriations  for  the  expenses  of  the  First  Session  of  the 
Thirteenth  General  Assembly,  and  for  other  purposes. 

Section  1 .  Be  it  enacted  hy  the  Senate  and  House  of  Bepre- 
servtatives  of  the  State  of  Florida  in  General  Assembly  convened^ 
That  the  following  sums  shall  be  paid  out  of  any  monies  in  the 
Treasury  not  otherwise  appropriated,  to  the  following  persons, 
to  w^it :  To  A.  K.  Allison,  President  of  the  Senate,  $105  00 ;  to 
E.  J.  Vann,  Senator,  $126  00  ;  to  James  Abemcrombie,  Senator, 
$364  00 ;  to  J.  M.  Arnow,  Senator,  $231  00 ;  to  J.  D.  Clary,  Sen- 
ator, $190  00 ;  to  J.  C.  Cooper,  Senator,  $225  00 ;  to  D.  P.  Hogue, 
Senator,  $85  00  ;  to  D.  P.  Holland,  Senator,  $225  00  ;  to  Edw. 
Hopkins,  Senator,  $203  00 ;  J.  L.  King,  Senator,  $217  00 ;  to  J. 
S.  Russell,  Senator,  $106  00;  to  John  Scott,  Senator,  $260  00  ; 
to  W.  J.  J.  Duncan,  Senator,  $141  00;  to  F.  L.  Villepigue,  Sec- 


LAWS  OF  FLORIDA. 


33 


1864. 


retary  of  the  Senate,  $5^6  00;  to  E.  J.  Judah,  Assistant  Secreta- 
ry of  the  Senate,  ^380  00  ;  to  11,  L.  Howze,  Engrossing  Clerk,  '" 
$380  00  ;  to  E.  M.  West,  EnrolUng  Clerk,  $380  00 ;  to  E.  Brad- 
ford, Recording  Clerk,  ^380  00;  to  J.  White,  Sergeant-at-Arms 
and  Door-keeper,  $530  00 ;  to  R,  E.  Frier,  Messenger,  «!3S0  00 ; 
to  Rov.  E.  L.  T.  Blake,  Chajilain  of  the  Senate,  $100  00  ;  to  P. 
Dell,  Speaker  of  the  House,  ^253  00 ;  to  O.  M.  Avery,  Represen- 
tative, §364  00;  toD.  M.  McMillan,  Representative,  $364  00;  to  Representative. 
James  S.  Baker,  Representative,  8134  00;  to  J.  M.  F.  Erwin, 
Representative,  6134  00 ;  to  T.  J.  Eppes,  Representative,  $225  00 ; 
to  W.  W.  Brown,  Representative,  -$182  00;  to  John  L.  Camp- 
bell, [Representative,]  6190  00;  to  W.  W.  Poe,  Representative, 
§165  00;  to  J.  P.  Atkins,  Representative,  $188  00;  to  T.  D. 
Nixon,  Representative,  8195  00;  C.  E.  L,  Allison,  Representa- 
tive, C^  105  00;  to  N.  T.  Scott,  Representative,  §105  00;  T.  Y. 
Henry,  Representative,  $105  00;  to  R.  H.  Bradford,  Represen- 
tative, $91  00  ;  to  J.  J.  Williams,  Representative,  885  00  ;  to  C. 
A.  Bryan,  Representative,  ^So  00 ;  to  J.  W.  Smith,  $112  00  ;  to 
R.  TnrnbuU,  Representative,  $112  00;  to  J.  Y.  Jones,  Repre- 
sentative, $100  00  ;  to  R.  M.  Moore,  Representative,  $98  00  ;  to 
Thos.  Langlbrd,  Representative,  $133  00 ;  to  Chandler  II.  Smith, 
Representative,  $127  00  ;  to  Robert  J.  BeVill,  Representative, 
S155  00;  to  G.  ri.  Hunter,  Representative,  $162  00 ;  to  A.  Rob- 
erts, Representative,  $168  00;  to  W.  B.  Ross,  Representative, 
8162  00  ;  to  C.  II.  Davis,  Representative,  $325  00;  to  James  A. 
Peden,  Representative,  S204  00;  to  J.  A,  Pacetty,  Representa- 
tive, $274  00 ;  to  Peter  Monroe,  Representative,  $239  00 ;  to  G. 
M.  Bates,  Representative,  $260  00 ;  H.  T.  Mann,  Representative, 
§260  00;  to  Elins  Turner,  Representative,  $260  00;   to  Samuel 

E.  Hope,  Re])resentative,  $315  00;  to  H.  L.  Mitchell,  Represen-  , 
tative,  8351  00;  to  R.  W;  Rutland,  Representative,  $380  00;  to 
L.  W.  Odom,  Representative,  $302  00 ;  to  Jas.  F.  P.  Johnston, 
Rein-esentative,  $343  00 ;  to  Wm.  A.  Griffin,  Representative^ 
$393  00 ;  to  Wm.  Woodruff,  Representative,  $330  00 ;  to  Rob. 
Wilkison,  Representative,  $344  00 ;  to  M.  A.  Knight,  Represea- 
tative,  $175  00 ;  to  A.  Cromartie,  Representative,  $98  GO ;  to  W. 

F.  Bynum,  Chief  Clerk,  $556  00 ;  to  A.  J.  T.  Wright,  Assistant 
Clerk,  $380  00  ;  to  David  Bell,  Engrossing  Clerk,  $380  00  ;  to 
W.  M.  McLnosh,   Enrolling  Clerk,"$380  00 ;   to  F.  M.  Bunker, 

,  Recording  Clerk,  $380  00  ;"to  G.  W.  Floyd,  Messenger  and  Ser- 
geant-at-Arms, $530  00 ;  to  Genoa  C.  Townsend,  Door-keeper, 
S380  00  ;  to  Rev.  Dr.  DuBose,  Chaplain,  $100  00;  for  general 
printing  and  publishing,  to  be  audited  by  the  Comptroller, 
$9,000  00  ;  for  printing  laws  and  journals,  to  be  audited  by  the 
Comptroller,  in  addition  to  the  above,  $4,000  00  ;  to  McDongaH 
and  Hobby,  for  stationery,  <fcc.,  furnished  the  General  Assembly, 
8530  00. 

5 


Printing. 


Stationerv. 


34 


LAWS  OF  FLORIDA. 


1864. 


General   A  p 
propriation. 


Treasury  notes 
to  be  issued. 


Bonds  Confcd. 
States  to  be  dis- 
posed of. 


Sec.  2.  Beit  further  enacted^  That  the  following  snms  b6  ani 
■  the  same  are  hereby  appropriated  for  the  fiscal  ycr'.r,  1865  :  For 
salaries  of  Public  Officers,  $33,600  00;  for  Jurors  and  State  Wit>- 
nesses,  820,000  00 ;  for  Criminal  Prosecutions  and  contingent  ex- 
penses of  the  Circuit  Court,  :i;20,000  00;  for  incidental  expeasoe 
Supreme  Court,  $000  00  ;  for  printing  expenses  Supreme  Couiij, 
C'1,400  00  ;  for  interest  State  debt,  $30,000  00;  for  maintenanco 
of  Lunatics,  815,000  00;  for  residence  of  Governor,  81,000  00; 
for  Post  Mortem  Examinations,  8200  00  ;  for  Contingent  Fand, 
820,000  00;  Clerk  hire  for  the  Executive,  81,500  00  ;  ft>r  repair- 
ing Capitol,  to  be  audited  by  the  Comptroller,  $2,000  GO  ;  Appro- 
pi-iation  for  stationery  and  candles,  to  be  purchased  by  ordar  of 
the  Governor,  $5,000  00 ;  Licidental  Expenses  of  this  General 
Assembly,  to  be  audited  by  th«  Comptroller,  8400  00  ;  Expenses 
prepai'ing  Treasury  notes  for  issue.  Clerk  hire,  «fcc.,  $10,000  00; 
Military  purposes,  825,000  00, 

Sec,  3.  licit  further  enacted^.  That,  to  meet  the  wanti  of  the 
government,  the  Governor  be  and  he  is  hereby  authoriaed  to 
iiave  prepared  and  issued  an  amount  of  treasury  notes  not  ex- 
ceeding three  hundred  and  fifty  thousand  dollars,  in  sack  form 
as  he  may  prescribe,  the  public  lands  of  the  Stat«  to  be  pledged 
for  the  redemption  of  the  same. 

Sec.  4.  Be  it  further  enacted^  That  the  Governor  b«  *nd  he  is 
hereby  authorized  to  dispose  of  the  Confederate  States  bonds 
and  Treasury  notes  of  all  discriptions  now  in  the  possession  of 
the  State,  upon  the  most  favorable  terms  v,diich  can  be  obtained, 
and  apply  the  proceeds,  througli  the  proper  officers,  to  the  pay- 
ments rocpiired  under  the  act  of  the  General  Assembly. 

Passed  the  House  of  Representatives  December  7, 1861  Passed  tlie  Senate 
December  7, 1864.    Approved  by  the  Governor  December  7, 1864. 


LAWS  OF  FLORIDA. 


RESOLUTIONS 


[No.    1.] 

WriEKEAs,  the  Sheriff  of  Duval,  county,  who  was  duly  elected  on 

the  first  ]\Ionday  iu  Oc:tober.  1863,  has  failed  to  give  the  bond      prcambk 
required  by  law,  and  has  been  in  the  enemy's  line«  since  Feb- 
ruary,   1864,  and  is  Ptill  tlicre,  with  no  prospect  of  return — 
Therefore, 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in   General  Assemble  convened.  That  the      ui^n^^  ,v,, 
election  held  on  tlie  nrst  Monday  oi  October,  1864,  lu  the  coun-  Sheriff iuDuvai 
ty  of  Duval,  for  a  Sheriff,  be  held  as  valid  in  law  as  though  said  ^°^°*y- 
election  had  been  regular,   and  the   Governor  be  requested  to 
commission  the  party  elected. 

Adopted  by  the  Senate  November  26, 18C4.     Adoi^ted  by  the  Honsc  of  ReprC' 
scntatives  November  26, 1864.    Api')rovcd  by  the  Governor  November  2W,  ISW. 


[No.  2.] 
JOINT  RESOLUTION  of  coufidenec  iu  and  tkanks  to  President  Jeff.  Davis. 

J3e  it  Resolved  by  the  Senate  and  House  of  JRepreseyitatives  of 
the  State  of  Florida  in  General  Assembly  convened,  That  the 
confidence  of  the  people  of  the  State  of  Florida  in  the  ability, 
purity  and  patriotism  of  his  Excellency,  Jefferson  Davis,  Presi- 
dent of  the  Confederate  States,  continues  unabated,  and  that  the 
able,  fearless,  and  impartial 'manner  iu  which  ho  has  administer- 
ed the  Govermuent  of  the  Confederate  States  demands  and  will 
continue  to  receive  our  approbation  and  support. 

Be  it  further  resolved,  That  a  copy  of  these  resolutions  be  for- 
warded by  the  Governor  to  the  President  and  to  the  presiding 
officers  of  the  Senate  and  of  the  House  of  Representatives  of  the 
Confederate  Congress. 

Adopted  by  the  Senate  November  28tb,  1864.  Adopted  by  the  House  of  Reji- 
resentatives  November  28th,  1864.  Approved  by  the  Governor  November  30, 
18G4. 


Rcsolaiions. 


,36 


LAWS  OF  FLORIDA. 


1864. 


PreamWe. 


Resolution, 


[No.  3.] 

RESOLUTION  of  tlianks  to  Capt.  J.  J.  Dickison. 

Whereas,  Capt.  J.  J.  Dickison,  Co.  D,  2nd  Fla.  Cavalry,  by 
his  high  soldierly  qualities  and  daring  acts  as  a  military  leader, 
has  challenged  the  admiration  of  the  people  of  Florida  and 
won  theu-  confidence  to  the  utmost  extent ;  and,  whereas, 
Capt.  Dickison  has  repeatedly  defended  and  protected  the  peo- 
ple of  Florida  from  the  harrassing  and  destructiv©  raids  by  the 
piiLHc  enemy — Therefore,  be  it 

Resolved  hy  the  Senate  and  House  of  JRepr^sentciiives  of  the 
State  of  Florida  in  General  Assemhly  cofivefisd,  That  ili©  thanks 
of  the  people  of  Florida  are  eminently  due,  and  are  laereby  cor- 
dially tendered,  Capt.  J.  J.  Dickison  and  hia  brave  commaBd, 
and  that  we  do  recommend  Capt.  J.  J.  Dickison  for  that  promo- 
tion he  has  so  gallantly  ^on  and  richly  merits,  and  that  tjic  Gov- 
ernor 1)e  requested  to  have  a  copy  of  these  resolutions  transmit- 
ted to  Capt.  Dickison  and  his  command. 

Passed  the  House  of  RepreseutatiTes  November  24,  1864.  Passed  the  Senate 
November  25, 18(34.    Approved  by  the  Governor  November  80,  DrUfi. 


Redeemed  Tres. 
Notes  to  be  de- 
ecroyed. 


State  Bonds  to 
bo  destroyed. 


[No.  4.] 

RESOLUTION  for  the  destruction  of  redeemed  State  Treasury  notesaud  bonds 
ofl856  and  1801. 

J3e  it  resolved  by  the  Senate  and  House  of  Represcntatiiyes  of  the 
State  of  Florida  in  General  Assembly  conve^ied,  That  the  Joint 
Committee  of  the  Senate  and  House  on  Fmanc©  and  Public  Ac- 
counts be  instructed  to  destroy  by  fire  the  eum  of  twenty-six 
thousand  seven  hundred  and  sixty-two  dollars  and  eixty  cents  in 
State  Treasury  notes  redeemed  under  ordinance  49  and  now  in 
the  Ti-easury  ofiice. 

'  Itesolved^  furtlter^  That  said  Joint  Committees,  in  connectioa 
with  the  Comptroller,  be  required  to  burn  and  destroy  $206,000 
of  State  bonds  of  1853,  and  $2,500  of  the-issue  of  1861,  accord- 
ing to  resolution  No.  8,  of  Dec.  3,  1863,  the  requirements  of  said 
resolution  not  being  complied  with  for  want  of  time  by  .  said 
committees  at  the  last  session  of  the  Assembly. 

Passcd-the  Senate  Nm'craber  28, 1864.    Passed  the  House  of  Representatives 
November  20, 1861.    Approved  by  the  Governor  December  2, 1864. 


1864. 


Preamble. 


LAWS  OF  FLORIDA. 

[No.  5.] 

RESOLUTION  relative  to  relief  for  Soldiers  Families.  . 

WnEREAS,  in  the  opinion  of  this  General  Assembly,  the  surplus 
provisions  of  the  bonded  men,  which  the  county  authorities 
are  authorized  to  purcliase  from,  for  the  support  of  soldiers' 
families,  will  not  be  sufficient,  and  agents  of  the  Coufoderate 
Government  liave  impressed  the  sui'plus  core  of  those  farmers 
not  bonded  in  many  parts  of  the  State,  thus  rendering  it  iu> 
l^ossible  for  the  county  authorities,  in  many  portions  of  this 
State,  to  purchase  from  tliem  for  soldiers'  families— There- 
fore, be  it 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the 
State  of  Florida  in  General  Assembly  co7ivened,  That  the  Gov- 
ernor be  requested  to  bring  this  matter  ;to  the  attention  of  the  Com  impressed 
Confederate  Government,  Avith  a  view  of  having  so  much  of  said  GOTermucat'^  ^ 
corn  so  impressed  released  as  will  be  necessary  for  the  support 
of  said  soldiers'  families,  and  authority  giveu  to  the  county  coitir 
missioners  to  purchase  the  same. 

Passed  the  House  of  Representatives  November  26, 1864.    Pasecd  the  Senate 
November  29, 1864.    Approved  by  the  GoTcrnor  December  3, 1^4 


[No.   6.] 

RES0LUTI02n  relative  to  the  examination  of  the  offices  of  Comptroller,  Treas- 
urer and  Register  of  Public  Lands. 

Hesolved  ly  the  Senate  a;.d  House  of  liepresentatives  of  the 
State  of  Florida  in  General  Assembly  convened^  That  a  joint 
conmiittee  of  three  from  each  Plouse  shall  be  appointed,  whose 
duty  it  shall  be,  at  some  proper  time  before  the  next  meeting  of 
the  General  Assembly,  to  examine  the  offices  of  Comptroller  and 
Treasurer  and  make  reports  as  to  the  said  offices,  whicli  are  re- 
quired by  the  acts  under  which  they  arc  organized. 

M'solced,  2nd,  Tiiat  it  shall  be  the  duty  of  said  committee  to 
examine  into  the  condition  of  the  office  of  Register  of  Public 
Lands,  and  report  at  the  next  session  of  the  General  Assembly  Lands 
all  facts  in  relation  to  the  affairs  of  said  office  which  may  be  ne- 
cessary to  n.  clear  understanding  as  to  how  its  business  has  been 
and  is  being  conducted. 

Passed  the  House  of  Representatives  November  29,  lS6i.  Passed  the  Senate 
November  30th,  1864.    Approved  by  the  Governor  December  3, 1864. 


Committee  to 
make  examina- 
tion of  offices. 


Office  of  Rcgis- 
ter  of  Public 


S8 


LAWS  OF  FLORIDA. 


JS64. 


jSorprop- 
miSj  lani»teB8ed. 


[No.  7.] 

JOINT  RESOLUTION  requesting  our  Senators  and  Representatives  in  Con- 
grcs  to  use  their  influence  in  procuring  the  re-enactment  of  a  certain  act  of 
Congress. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  o/ 
the  State  of  Florida  iri  General  Assemhly  convened^  Tliat  our 
Senators  and  Representatives  in  Congress  be  instructed  and  re- 
quested to  use  their  best  endeavors  to  have  the  present  law, 
"  pi'oviding  for  the  establishment  and  payment  of  claims  for  ^ 
certain  description  of  property  taken  or  informally  impressed  for 
the  use  of  the  army,"  approved  June  14,  1864,  and  which  ex- 
pires on  the  1st  of  January  next,  re-euacted  or  continued  in  force 
during  the  war  ;  and  that  the  Governor  be  requested  to  forward 
a  copy  of  this  resolution  to  each  of  our  Senators  and  Represen- 
tatives in  Congress. 

Adopted  by  the  Senate  December  2, 18G4.  Adopted  by  the  House  of  Repre- 
sentatives December  2, 1864.    Approved  by  the  Governor  December  5, 18G4. 


SiBicrcigBty  of 


[No.  8.J 
RESOLUTION  in  relation  to  the  rights  of  the  States. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Florida  in  General  Assembly  convened — resolved, 
1.  That  the  States  are  sovereign  in  their  respective  spheres  of 
action  and  under  their  respective  Constitutions,  and  entitled  to 
all  the  rights  of  sovereign  States  as  such,  and  we  recognize  it  as 
a  fundamental  rule'  of  our  government  that  all  powers  not  ex- 
pressly delegated  to  the  Confederate  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  ai'c  reserved  to  the  States  re- 
spectively, or  to  tlie  people  thereof. 

Resolved^  2.  That  the  government  under  which  we  live  con- 
of  sists  of  mutual  checks  and  balances,  which  can  only  bo  secured 
Ojwmimcnts.  ^y  preserving  tlie  due  separation  and  proper  boundaries  of  the 
Legislative,  Executive  and  Judicial  Departments  thereof,  and  the 
destruction  or  improper  exercise  of  any  of  these  three  depart- 
ments by  cither  of  the  others  is  at  variance  with  the  Constitu- 
tion and  subversive  of  the  true  spirit  of  our  free  institutions. 

Resolved,  3.  That  the  greatest  liberty  of  speech  and  of  the 
press,  subject  to  the  legal  responsibility  for  the  abuse  of  that 
Mbertyof the  fii^ei-ty^  the  right  of  trial  by  jury  at  common  law,  the  privilege 


and  writ  .  _  ...,  -.- 

^rffiabcBs  Cor-  of  the  writ  oi  habeas  cor^nis,  the  mdependence  of  the  Judiciary, 

"""^  are  cardinal  principles  of  our  free  institutions,  and  it  is  amongst 


LAWS  OF  FLORIDA.  39 

the  liigliest  and  most  sacred  obligations  we  owe  to  ourselves  sud 1864. 

our  country  to  protect  and  preserve  tlieni  inviolate^  except  in 
such  contingencies  as  are  provided  for  in  the  Constitution  of  the 
Confederate  States  for  the  suspending  of  the  writ  of  Jiaheas  cor- 

2)1(8. 

Adopted  by  the  House  of  Kcpresentatives  December  1,  1864.    Adopted  by 
the  Senate  December  3, 1804.    Approved  by  the  Governor  December  5, 1864. 


[No.   9.] 
RESOLUTION  of  thanks  to  our  Soldiers. 

jResolv'ed  by  the  Senate  and  Rouse  of  Representati/ves  of 
the  State  of  Iiloridci  in  General  Assemhly  convened,  That 
the  thanks  of  the  State  are  eminently  due,  and  are  hereby 
tendered,  to  Brigadier  General  Joseph  Finegan,  and  to  the 
troops  under  his  command,  for  the  signal  victory  achieved  by 
them  over  a  largely  superior  force  of  the  enemy  at  "  Olustee," 
in  February  last. 

JResolved,  further^  That  our  soldiers,  by  their  gallantry 
upon  many  hard  fought  fields,  deserve  our  warmest  praise, 
while  challeno-iniT  the  admiration  of  the  world,  and  Florida 
extends  to  her  brave  sons  in  arms  the  expression  of  her  un- 
bounded pride  and  thanks — pride  in  their  prowess  and  pa- 
triotism, and  pride  for  the  noble  deeds  and  undaunted  bra- 
very with  which  they  have  illustrated  their  State  in  many 
of  the  bloodiest  battles  of  the  war. 

Hesolved^ furthei^  That  the  Governor  be  requested  to 
cause  a  copy  of  these  resolutions  to  be  sent  to  the  several 
commands  of  Florida  troops. 

Adopted  by  the  House  of  Representatives  December  1,  1864.  Adopted  by 
the  Senate  December  2, 1804.    Approved  by  the  Governor  December  5, 1804. 


[No  10.] 
JOINT  RESOLUTION  of  thanks  to  the  Citizen  Soldiery  of  Florida. 

Resolved  hy  the  Senate  and  House  of  Rejrresentatlves  of  the 
State  of  Florida  m  General  Assembly  convened^  That  the 
thanks  of  the  State  of  Florida  are  emiuently  due  and  are  hereby 


Rcs<^atiiBa. 


40  LAWS  OF  FLORIDA. 

1864.        given  to  the  citizen  soldiery  of  this  Stnle,  who  so  gallautly  met 

~~  the  enemy  at  Marianna,   Gainesville  and  other  poijits  in  this 

Kcsoiution.      State,  and  whose  glorious  conduct  exhibited  the  highest  traits 

of  a  brave  and  free  people,  and  whose  example  is  wortliy  of  om- 

emulation,   and  should  make  tiie  people  of  Florida  to  be  like 

them,  always  ready  to  aid  the  constituted  authorities,   State  or 

Confederate,  in  the  defence  of  our  common  country  ;  and  while  the 

State  of  Florida  mourns  the  death  of  her  martyred  citizens,  and 

'  sorrows  for  her   captive   sons,  yet  she  glories  in  the  high  fame 

acquired  by  their  efforts  and  records  their  conduct  among  the 

brightest  pages  of  her  history. 

Adopted  by  the  Senate  December  2, 1861.    Adopted  by  the  House  of  Repre- 
sentatives December  2,  1S64.    Approved  by  the  Governor  December  5, 18G4. 


[No.  11.] 

JOINT  RESOLUTION  rcaating  to  the  appointmcjit  of  an  Agont  at  CoIumBus, 

Georgia. 

Hesolved  by  the  Senate  and  House  of  liepresentatives  of  the 

State  of  Florida  in  General  As'semhly  convened^  That  the  Gov- 

Agcntforpro-  ernor  be  authorized  to  appoint  John  I).  Atkins  as  Agent  at  the 

lor  Boidiers'   City  01  Columbiis,  Georgia,  lor  the  purpose  oi  procuring  supplies 

faTniiies.  r^^,  ^l^g  soldiers'  families  along  the  Apalachicola  river,  and  at 

Apalachicola,  and  to  act  as  general  agent  for  the  State  at  that 

point :  Provided^  ho7.cever^  The  said  agent  shall  not  receive  any 

pay  or  compensation  for  his  services. 

Adopted  by  the  Senate  November  29th,  ISG-t.    Adopted  by  the  House  of  Rep- 
resentatives December  1, 1864.    Approved  by  the  Governor  December  5th,  1864-. 


[No.  12.] 
RESOLUTION  in  relation  to  Mails  in  this  State. 


Preamble. 


Whereas,  the  laws  of  the  Confederate  States  now  provide  for  a 

tri-weekly  mail  from  Gainesville  to  Tampa,  Florida,  and  there 

is  but  one  mail  per  week  for  the  present, 

.  Be  it.,  therefore^  resolved..  That  our  Senators  and  Representa- 
Request  to  have  tives  in  Congress  use  their  best  endeavors  to  have  said  tri-week-' 
maUlme  e.tab-    ^^  jj^^  established,. 

Be  it  further  resolved.,  That  a  copy  of  these  resolutions  be  for- 


LAWS  OF  FLORIDA. 

warded  to  our  members  of  Congress  by  the  Governor  of  the 
State. 

Adopted  by  the  Senate  December  2, 186-1.    Adopted  by  the  House  of  Repre- 
sentatives December  3d,  1S64.    Approved  by  the  Governor  December  6th,  1864. 


[No.  13.] 

RESOLL'TION  in  relation  to  destruction  of  redeemed  Bonds  of  1S56  and  '01  in 
Treasury  Office. 

Hesolced,  That  the  resohition  relative  to  the  destruction  of 
200,000  dollars  of  State  bonds  of  185G  and  $2,500  of  the  bonds 
of  1861,  be  so  amended  as  to  read  293,000  dollars  of  bonds  of 
1856,  such  being  the  correct  amount  on  hand  in  the  Treasury- 
office  formerly  hypothecated  and  returned  by  certain  banks,  as 
contained  in  Treasurer's  report  of  9th  November,  1863. 

Adopted  by  the  Senate  December  2, 1SG4.  Adopted  by  the  House  of  Reprc- 
scntativcs  December  3, 1S64.    Approved  by  the  Governor  December  G,  1804. 


r  Amendment  of 
previous  reso- 
lutions. 


[No.  14.] 

RESOLUTION  to  relieve  Archibald  C.  Black,  Tax-Assessor  and  Collector  for 
Gadsden  County. 

Whereas,  it  appears  that  Archibald  C.  Black,  Tax- Assessor  and 
Collector  for  Gadsden  county,  foiled  to  comply  with  the  pro- 
visions of  the  act  of  the  last  General  Assembly-,  requiring  him 
to  make  out  three  books  in  alphabetical  order  of  all  the  taxa- 
ble property  in  his  county,  t&c,  ifcc. ;  and,  whereas,  said  fail- 
ure Yv'as  caused  by  the  action  of  the  Board  of  County  Commis- 
sioners for  Gadsden  county,  in  not  authenticating  them,  so  as 
to  be  returned  to  the  Comptroller's  office  in  the  time  pre- 
scribed by  law;  and,  whereas,  further  compliance  with  the 
law  on  the  part  of  said  Black  was  interrupted  by  his  absence 
and  duties  as  a  member  of  a  military  company,  which  on  sev- 
eral occasions  was  ordered  out  and  marched  to  meet  raiding 
parties ;  and,  whereas,  the  books  have  been  returned  to  the 
Comptroller's  office  properly  authenticated  and  passed  the  ap- 
probation of  the  Comptroller,  so  that  no  material  detriment 
has  been  done  to  the  State  or  county, 
He  it  resolved  hxj  the  /Senate  and  House  of  IleprcseJitatives  of 

the  State  of  Florida  in   General  Assernbly  convened^  That  the 
6 


Preamble. 


42 


LAWS  OF  FLORIDA. 


1864.        Comptroller  be  instructed  to  allow  commissions  to  said  Archi- 

~       ~       bald  C.  Black,  Tax-Assessor  and  Collector  for  Gadsden  county, 

to  be  aUowed  &  US  j^ro^'ided  for  and  pijescribed  by  the  law,  and  tliat  all  fines  be 

fines  remitted,     remitted  that  may  have  been  incurred  by  failure  to  comply  ^yith 

the  requirements  of  the  law. 

Passed  the  House  of  Kepresentatives  December  3, 1S64.    Passed  the  Senate 
December  5,  lS6i.    Api)roYcd  by  the  Governor  December  6, 1864. 


Preamble. 


1  ^es&  forfeit- 
u.'x's  remitted. 


[No.  15.] 

RESOLUTION  for  the  relief  of  the  Tax- Assessors  of  Leon  and  Jladisou  Counties. 

Whereas,  the  Tax- Assessor  and  Collector  of  Leon  county  and 
the  Tax-Assessor  and  Collector  of  Madison  county  did  not  file 
with  the  Comptroller  their  tax  books  for  said  county  for  the 
year  1SG4,  at  the  time  required  by  law  ;  and,  whereas,  it  ap- 
pears that  such  default  was  owing  to  the  failure  of  the  County 
Commissioners  and  Probate  Court  to  examine  and  certify  said 
books,  and  not  at  all  attributable  to  any  negligence  or  refusal 
on  the  part  of  said  Tax-Assessor  and  Collector  in  the  discharge 
of  their  duty — Therefore, 

J^e  it  resolved  hy  the  Senate  and  Uoxtse  of  Representatives  of 
the  State  of  Florida  in  General  Assemhly  convened,  That  any 
fines  and  forfeitures  that  may  have  accrued,  or  to  vv'hich  the  Tax- 
Assessor  and  Collector  of  Leon  county  and  the  Tax-Assessor 
and  Collector  of  Madison  county  may  be  liable  for  failure  to  file 
or  place  in  the  office  of  the  Comptroller  their  tax  books  for  the 
year  18G4,  be  and  the  same  are  hereby  remitted,  and.  the  Comp- 
troller directed  to  discharge  the  same.- 

Adopted  by  the  House  of  Kepresentatives  December  3, 1S64.    Adopted  by  the 
Senate  December  5, 1864.    Aj^provcd  by  the  Governor  December  6, 1864. 


[No.  16.] 

JOINT  RESOLUTION  authorizing  and  requiring  the  Attorney  General  to 
print  a  General  Index  of  the  Decisions  of  the  Supreme  Court,  and  lor  othec 
purposes. 

Resolved  hy  the  Senate  and  House  of  Representatives  of  the 
Attorney  Gen'i  'S'iafe  of  Florida  in  General  Assembly  convened,  That  the  At- 
to  iiave  general  torney  General  is  hereby  authorized  and  required  to  cause  to  be 
cj'sion8°"^-%'he  printed  with  the  next  volume  of  the  decision^  of  the  Supreme 


Supreme  Court  Court  a  ffcueral  index  of  the  decisions  of  said  Court, 
to  be  printed.  ° 


Si: 
tol 


LAWS  OF  FLORIDA. 


43 


Be  it  further  resolved,  Tliat  the  Attorney  General  shall  also         1864. 
make  an  alphabetical  and  chronological  index  of  all  the  statutes  ' 

and  ordinarK*.es  of  the  State  of  Florida  since  the  adoption  of  Attorney  Gen'i 
Tliorapson's  Digest  and  now  in  force,  designating  any  important  |o  the'^ltaSftef 
amendments,  embracing,  as  Ihr  as  practicable,  such  matters  as  aud  Ordinances 
may  be  substituted  for  a  digest  or  compilation,  having  reference 
to  cheapness  anjd  efficiency ;  and  for  said  services  the  Attorney 
General  shall  receive,  upon  the  completion  of  the  work,  twenty-  Compensation. 
five  hundred  dollars,  to  be  paid  upon  warrant  of  the  Comptroller 
upon  the  Treasurer,  and  the  Treasurer  shall  pay  the  same. 

Adopted  bj  the  Senate  Novcmbiii-  30, 1S64.    Adopted  the  House  of  Represen- 
tatives December  3, 1S64.    Approved  by  the  Governor  December  Cth,  ISW. 


[Xo.  n.] 

JOINT  RESOLUTION  relative  to  the  examination  of  the  Treasurer's  and  Comp- 
troller's office. 

Besolved  by  the  Senate  and  House  of  Mepresentatives  of  the 
State  of  Florida  in  General  Assemhly  convened.  That  the  Joint 
and  Select  Committee  appointed  to  examine  the  offices  of  Treas- 
urer, Comptroller  and  Register  of  Public  Lands,  and  to  report 
at  next  session,  be  and  they  are  hereby  required  to  examine  the 
Comptroller  and  Treasurer's  offices,  accounts  and  reports  for  the 
present  year,  and  make  a  separate  report  as  to  them ;  and  said 
Joint  Conimittec  shall  be  assembled  at  the  Capitol,  upon  tiie  call  of 
tlieir  Chairman,  and  shall  be  allowed  the  same  j!?er  diera  and  mile- 
age for  the  time  employed  in  the  discharge  of  their  duties  as 
shall  be  paid  while  in  actual,  session;  and  said  compensation 
shall  be  paid  on  warrant  of  tlie  Comptroller  upon  the  Treasurer. 

Adopted  by  (be  Kouse  nf  Rcpre>oiitativcs  December  Gth.  1SG4.    Adopted  by 
the  Senate  Dt:cembor  (5,  1S6-1.     Approved  by  the  Governor  December  7th,  1664. 


Committee  to 
examine  ofiict's 


Per  diem  and 
mileage. 


[No.  i8.] 

RESOLUTION  in  relation  to  estates  of  deceased  persons,  orphans  and  minor 
children,  and  their  protection  from  frauds. 

•  Be  it  resolved  by  the  Senate  and  Iloxise  of  Hepresentatives  of 
the  State  of  Flornla  ifi  Gener'il  Assonbly  convened,  That,  where-    -preamble. 
as,  it  is  manitesi.  tliat  the  disoi-derod  state  of  the  currency  of  the 


44 


LAWS  OF  FLORIDA. 


1864. 


Judges  of  Pro- 
l)atc  and  Solic- 
itore  to  make 
rciiort  of  cases 
of  fraud. 

Circuit  Judges 
to  give  special 
charge  to  Grand 
■Jury. 


country,  growing  out  of  the  present  war,  has  placed  many  of  the 
Estates  of  deceased  persons  in  great  jeopardy  from  the  inordinate 
love  of  gain  of  dishonest  and  designing  men,  who  have  it  in  their 
power  to  defratxd  said  estates,  and  also  orpiiau  children  (and  more 
especially  those  estates  and  those  orphan  children  who  are  de- 
prived of  their  legal  and  paternal  guardians  by  being  absent  in 
the  defence  of  tlieir  country)  of  their  property  by  forfeiting  bonds 
and  other  obligations  given  on  a  specie  basis,  and  paying  and  dis- 
charging the  same  in  currency  at  a  greatly  dei:)reciated  rate — 

Be  it  tJieref ore  resolved,  And  it  is  made  the  duty  of  all  Judges 
of  Probate  and  Solicitors  of  the  several  Circuits  to  report  imme- 
diately such  cases  to  the  Judges  of  the  Circuit  Courts  of  the 
Circuits  in  which  such  fraudulent  practices  may  have  occurred, 
and  that  the  Judges  of  the  several  Circuits  shall  have  the  matter 
herein  provided  for  in  charge  and  give  it  in  special  charge  to  the- 
grand  juries  of  their  respective  Circuits. 

Adopted  by  the  House  of  Representatives  December  1, 186-t.    Adopted  by  the 
Senate  December  2,  1864.    Approved  by  the  Governor  December  7, 1804. 


3'reaml)le, 


Kcsolution  asli- 
ing  for  transfer. 


[i^o.  19.] 

RESOLUTION  to  ask  that  the  Florida  brii^-ade  in  Virginia  [be]  sent  to  Dopsrl 
ment  of  South  Carolina,  Georgia  and  Florida. 

Whekeas,  The  Florida  troops  now  in  Virginia,  commanded  by 
Brigadier  General  Finegan,  are  weak  and  debilitated  from  bad 
health,  from  sickness  and  the  fatigues  of  an  arduous  campaign, 
,  and  in  poor  condition  to  stand  the  freezing  weather  of  a  Vir- 
ginia winter ;  and,  whereas,  the  strong  probability  of  the 
invasion  of  the  Southern  coast  of  the  Confederacy,  that  of 
Georgia  and  Florida  ;  and,  whereas,  the  Florida  troops  would 
■  be  better  able  to  endure  the  winter  in  a  milder  climate,  and 
would  also  greatly  recuperate  their  wasted  health — [There- 
fore,] 

Beit  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  VLorida  in  General  Assenddy  convened^  Tliat  our 
Senators  and  Re]>rosentatives  in  Congress  be  requested  to  urge 
the  administration,  if  not  incompatil)le  witli  the  public  service, 
that  said  brigade  from  Florida  be  ordered  to  the  Department  of 
South  Carolina,  Georgia  and  Florida. 

Adopted  by  the  House  of  Reprcseutatives  December  3, 1S64.  Adoptedby  the 
Senate  December  5,  ISGl-     Approved  by  the  Govuiuor  December  7th,  18t;4. 


LAWS  OF  FLORIDA. 


45 


13S4. 


[No.  20.] 
RESOLUTION  on  Confederate  Relations. 

WiiEEEAS,  in  the  re-election  of  Abraham  Lincoln  b)^  the  North- 
ern people,  they  have  pledged  tliemselves  to  continue  the  war 
for  the  emancipation  and  arming  our  slaves  against  i;s,  for  the 
coniiscation  of  our  property,  for  the  destruction  of  our  homes, 
the  nnirder  of  our  citizens,  the  burning  of  our  cities  and  the 
degradation  of  the  "white  race  and  exaltation  of  the  black  race, 
Be  it  therefore  resolved  hy  the  l^enate  and  House  of  JRe^Ji-esen- 
tatives  of  the  State  of  J^ lor i da  ?w.  General  Asicmbh/  convened^ 
That  ali.our  sentiments  and  efforts  towards  peace  have  been  spurn, 
ed  by  the  Northern  jieople  as  signs  of  weakness  on  our  part,  we 
cannot  consistently  with  our  dignity  and  the  interest  of  our  cause, 
make  peace  propositions  to  them,  but  are,  as  we  have  ever  been, 
anxious  that  this  war  should  come  to  a  close  upon  grounds  se- 
curing om'  rights  as  a  separate  nationality. 

2d.  That  we  pledge  our  lives,  our  property  and  sacred  honor 
to  our  sister  Confederate  States  to  stand  by  them  to  the  termin- 
ation of  the  strife,  in  resisting  the  army  and  government  of  the 
United  States,  and  would  prefer  annihilation  to  remain  with  them. 

Adopted  by  the  Scuate  December  6, 1S64.    Adopted  by  the  House  of  Repre- 
sentatives December  G,  ISGi.    Approved  by  the  Governor  December  7, 1801.  --, 


PnstEat*: 


EcsoIolSsecL 


[No.  21.]     ■ 

RESOLUTION  for  the  relief  of  William  H.  Durrancc,  W.  S.  Spencer  and  James 

J.  Ward. 

Whekeas,  William  H.  Durrance,  Sheriff  and  ex-officio  Tax  Col- 
lector of  the  county  of  Polk,  W.  S.  Spencer,  Slieriff  and  ex- 
officio  Tax  Collector  of  the  county  of  Ilillsboro',  and  James  J. 
Ward,  Sheriff  and  ex-officio  Tax  Collector  of  Lafayette  coun- 
ty, have  been  prevented  by  the  condition  and  circumstances 
of  the  county  and  the  hostilities  of  the  enemy  from  making 
such  returns  relative  to  the  assessment  and  collection  of  taxes 
for  the  year  1864  in  their  rosjiective  counties,  to  the  Comptrol- 
ler, as  the  law  requires;  and,  wliereas,  it  is  unjust  and  im- 
proper to  enforce  tlie  penalty  of  the  law  for  such  unavoidable 
default — Therefore, 

Section*  1 .  Be  it  resolved  hy  the  Senate  and  House  of  Ilepre- 
sentatives  of  the  State  of  Florida  in  General  Assembly  C07ive7id, 
That  the  fines  and  forfeitures  which  liave  or  may  accrue  against 


Preambiic 


Fines  aoCSde^ 
reiturea  nnnP,- 
ted. 


LAWS  OF  FLORIDA. 

said  "William  H.  Durrance,  W.  S.  Spencer  and  James  J.  Ward, 
for  failure  to  make  retm'ns  as  above  stated,  be  and  the  same  arc 
hereby  remitted. 

Adopted  by  the  House  of  Representatives  December  Sth,  1SG4.    Adopted  by 
the  Senate  December  6th,  186-i.   Approved  by  the  Governor  December  Tth,  18M. 


Preamble. 


Resolution  ask- 
ing for  transfer 
of  Brigade. 


[No.  22.] 

RESOLlyLION  iu  relation  to  the  Florida  brigade,  commanded  by  Erig.  Gen. 

Fiuley. 

Whereas,  the  Florida  Brigade,  commanded  by  Brig,  Gen.   Fin- 
ley,  in  the  army  of  Tennessee,  has  suftered  greatly  on  account 
of  the  severewinters  iu  Tennessee  ai^d  upper  Georgia,  the  regi- 
ments  having  become  decimated ;  and,  whereas,  said  brigade 
would  be  more  efiicient  in  a  milder  climate — Therefore, 
Be  it  resolved  by  the  Senate  and  House  of  Represeutatives  of 
the  State  of  Florida  in  G-eneral  Assembly  co:nvened^  That  our 
Senators  and  Representatives  in  Congress  be  requested  to  use 
their  influence  with  the  War  Department  to  have  the  Florida 
Brigade,  commanded  by  Gen,  Finley,  transferred  to  the  Depart- 
ment of  South  Carolina,  Georgia  and  Florida,  and  tliat  Gover- 
nor Milton  be  requested  to  forward  a  copy  of  this  resolution  to 
the  Florida  delegation  at  Richmond. 

'  Passed  the  Hoizse  of  Representatives  December  5,  1861.    Passed  the  Senate 
December  6, 1861.    Approved  by  the  Governor  December  7,  ISGl. 


TO    THE 

ACTS  AND  RESOLUTIONS 

OF   THE 

First  Session  of  the  13tli  General  Assembly. 


ADMINISTRATORS :  (See  Estates,)  may  file  petition  to  keep  estates  to- 
gether, 22,  23;  may  invest  funds  of  estates  in  bonds  of  Contederate 
States,  changing  securities,  23 ;  in  military  service,  returns  and  com-* 
missions  of,  25,  20. 

APPROPRIATION :  Act  making  appropriations  for  the  expenses  of  the 
first  session  of  the  13th  General  Assembly',  and  for  other  purposes.  32 ; 
Senate,  32;  House,  38;  General  Appropriations,  34 

ARREST :  Of  citizens,  (See  Citizens  of  Florida.)  28. 

ATTORNEY  GENERAL :  To  make  index  of  the  statutes  and  decisions 
of  the  Supreme  Court,  42,  43. 

BENEZET,  S.,  ACCOUNTANT:  Comptroller  to  issue  warrant  in  favor 
of,  14. 

BLACK,  ARCHIBALD  C,  Tax- Assessor  of  Gadsden  county:  Resolution 
for  the  relief  of,  41. 

BONDS :  Of  State,  issued  in  1856  and  1861,  to  be  destroyed,  36,  41. 

BREVARD  COUNTY:  County  site  of,  21 ;  County  officers  of,'21,  22. 

CARDS:  Appropriation  for  purchase  of  cotton  cards  for  distribution  to 
soldiers'  families,  27. 

CASEY,  ANNA  L. :  Administrator  of  estate  of  authorized  to  make  title 
to  certain  lots  in  Columbia  county,  25. 

CATTLE,  OWNERS  OF :  An  act  to  amend  an  act  for  the  protection  of 
in  the  counties  of  Levy,  Lafayette,  Taylor,  "Wakulla  and  Duval,  15. 

CENSUS :  An  act  to  provide  for  taking  the  census  in  the  year  1865  in  this 
State,  18;  Tax- Assessors  made  takers  of  the  census,  18;  Enumeration 
of  the  inhabitants,  list,  returns,  18 ;  Compensation,  appropriation  and 
forms,  18;  Tax- Assessors  failing  to  do  duty,  18. 

CIRCUIT  COURTS :  Judges  of  may  hold  extra  and  adjourned  terms,  20; 
Governor  may  appoint  or  assign  a  judge  of  to  hold  Com't  in  case  of 
vacancy,  21 ;  Judge  failing  to  perform  duty,  21 ;  Compensation,  21 ; 
Western,  judicial  business  of,  21. 


i 


« 


II  INDEX. 

CITIZENS  OF  FLORIDA:  An  act  to  protect,  28 ;  Whenever  arrested, 
shall  be  turned  over  to  civil  authorities,  28;  Officer  making  arrest 
guilty  of  a  misdemeanor  if  he  foils  to  comply  with  the  provisious  of 
this  act,  28. 

CLAIMS,  FOR  PROPERTY  IMPRESSED:  Resolution  asking  Congress 
to  re-enact  law  providing  for  the  establishment  and  payment  ol^  38. 

CLERK  OF  THE  SUPREME  COURT :  Fees  of,  27. 

CLOTHING  FOR  TROOPS:  (See  Soldiers,)  26. 

COMPTROLLER'S  OFFICE  :  Examination  of,  37,  43. 

CONFEDERATE  STATES  BONDS:  In  Treasury  of  State,  Governor 
may  dispose  of,  34. 

CONFEDERATE  RELATIONS:  Resolution  on,  45. 
COUNTY  OFFICERS:  Governor  may  appoint  in  certain  cases,  IG;  bond 
of,  17 ;  in  service  of  Confederate  States,  17 ;  election  in  October,  1864, 

17. 

CURATORS :  In  military  service,  commissions  and  returns  of,  25,  20. 
DAVIS,  JEFFERSON,  PRESIDENT  CONFEDERATE  STATES:  Res- 
olution ot  thanks  to  and  expressive  of  confidence  in,  35. 
DEFENCE  OF  THE  STATE:  (See  Public  Defence,)  27,  28. 
DEMILLY,  C.  L. :  Act  for  the  relief  of,  39. 

DICKISON,  CAPT.  J.  J. :  Resolution  of  thanks  to  and  his  command,  36 ; 
recommended  for  promotion,  36. 

DURRANCE,  WM.  H. :  Resolution  for  the  relief  ot,  45. 

DUVAL  COUNTY:  Election  for  Sheriff  of  declared  valid,  35. 

EDUCATION:  Act  for  the  education  ot  soldiers'  children,  19;  list- of 
children  of  soldiers,  19;  County  Commissioners  to  send  children  to 
school,  19 ;  teachers,  19 ;  accounts,  19,  20 ;  Governor  to  control  and 
direct  schools,  20;  tax,  20. 

ELECTION  LAWS :  Law  requiring  ballots  to  be  numbered  rei)ealed,  26. 

EXECUTIONS:  An  act  to  amend  the  laws  providing  for  the  stay  of,  24; 
soldiers  not  required  to  give  bond  under  stay  law,  24. 

EXECUTORS :  In  military  seavice,  commissions  and  returns  of,  25,  26 ; 

ESTATES  :  Act  in  relation  to,  22;  maybe  kept  together  or  divided,  22, 
23;  commissioners  to  determine  division  or  not,"  23;  partition  of  real 
or  personal  property,  23 ;  investment  of  funds  of  in  non-taxable  bonds 
of  Confederate  States,  23 ;  widow  entitled  to  wearing  apparel,  house- 
hold goods,  &c.,  23 ;  Resolution  to  protect  from  frauds,  43,  44 ;  duty  of 
Solicitors,  44. 

FREE  NEGROES  AND  MULATTOES :  Impressment  of  for  work  on 
public  defences,  27,  28. 

FINEGAN,  GEN.  JOS.  E. :  Resolution  of  thanks  to,  39. 


INDEX.  HI 

FINLEY,  BRIG.  GEN. :  Resolution  asking  tliat  Brigade  of  be  transferred 
to  depiirtment  of  South  Carolina,  Georgia  and  Florida,  46. 

FLORIDA  BRIGADE  IN  VIRGINIA  :  Resolution  asking  that  it  be  sent 
to  department  of  South  Carolina,  Georgia  and  Florida,  44. 

GUARDIANS  :     In  military  service,   commissions  and   returns  of,  25,  26. 

IMPRESSMENT  :     Of  slaves  to  work  on  the  public  defences,  27.  28. 

INDEX :  Ot  the  decisions  of  the  Supreme  Court  and  of  the  Statutes  and 
Ordinances  of  the  State  of  Florida,  Attorney  General  to  make  and 
publish,  42,  43. 

JUDGES :    (See  Circuit  Courts,)  20,  21. 

LAFAYETTE  COUNTY:  Commissioners'  Courts  of,  where  may  be 
iield,  15  ;  An  act  in  reJation  to  the  recording  of  deeds  and  other  pa- 
pers in,  2J),  :^0. 

LAKE  CITY:  Corparate  Limits  of,  25 ;  City  Council  of  may  appoint  City 
Surveyor,  Physician  and  Attorney,  25. 

LANDS :  "(See  Piil)lic  Land?,)  24. 

MAILS:  R(soluli(m  asking  for  the  establishment  of  tri-weekly  between 
Gainesville  and  Tampa.  40. 

MANATEE  COUNTY  :  Courts  and  Public  Offices  of,  to  be  held  in  the 
town  of  Manatee,  9;  Act  to  consolidate  the  offices  of  the  Clerk  of  ilie 
Circuit  Coiu-t  and  .Tudie  of  Probate  of,  repealed,  J>;  Election  ot  Clerk 
of  the  Circuit  Court  of,  9. 

MILITIA:  An  act  to  organize  Militia  troops  for  the  State  of  Florida,  10 ; 
Pei-sons  subject  to  Militia  duty,  10;  Organization  to  be  preserved,  10; 
Officers  and  Elections,  10;  Enrollment,  10  ;  Other  companies  may  be 
formed,  10;  Pei-sons  failing  to  enroll  themselves.  10,  11;  Counties 
wliere  no  company  organized,  10;  Governor  to  prescribe  rules  and 
regulations  for,  11;  Battalions,  regiments  &c.,  11;  Subject  to  rules 
and  articles  of  war  when  in  the  field,  11;  General  Court  Martial,  11 ; 
Company  by-laws,  11  ;■  Intemperance  or  bad  conduct  of  officers  or 
men  how  punished,  11 ;  Patrol,  11 ;  Arms  and  equipments,  12  ;  Gov- 
ernor may  order  Militia  to  report  to  Confederate  officers  for  the  de- 
fence of  the  State,  12;  Governor  shall  require  return  of  the  Militia  as 
soon  as  the  emergency  for  which  thej'  have  been  called  out,  shall,  in 
his  opinion,  no  longer  require  their  services,  12  ;  In  csise  of  raids  or 
insurrection,  12;  Persons  over  fiftv  years  of  aee,  12;  Companv  Courts 
Martial,  12  ;  Exemptions,  12,  l;);  "Militia  Districts,  13. 

OFFICERS:  (See  county  officers)  to  continue  in  office  until  their  succes- 
sors qualified,  29. 

PERRY,  EX-GOV.  M.  S. :  An  act  relating  to  the  accounts  of,  14 ;  Comp- 
troller to  issue  warrant  in  favor  of,  14. 

PUBLIC  DEFENCE  :  An  act  in  r.'!:ition  to,  27;  Impressment  of  slaves  for 
work  on,  27,  28. 

PUBLIC  LANDS:  Price  of  increased.  24;  School  and  seminary,  price  in- 
creased, 24. 

QUARTERMASTER  GENERAL:  To  make  estimate  of  expenditure,  22; 
Comptroller  to  issue  warrant  to.  accounts  of.  22. 


IV  I  X  n  K  X  . 

REGISTER  OF  PUBLIC  LANDS :  Examination  of  ofBce  of,  S7.' 

RUSSELL,  WM.  F. :  Authorized  to  enter  one  hundred  and  sixty  acrefc  of 
hind,  ir. 

SEMINARIES  OF  LEARNIXG:  Judge  of  Probate  of  Leon  county  re- 
lieved from  serving  as  mein!)er  and  Secretary  of  the  Board  of  Educa- 
tion for,  19 ;  Governor  to  appoint  person  to  fill  his  place,  19. 

SHERIFF  OF  DUVAL  COUNTY:  Election  for  declared  valid,  35. 

SLAVES:  Special  tribunal  for  tlie  trial  of  created,  7;  Tribunal  composed 
I  of  two  Justices  of  the  Peace,  7;  Arrest  of  accused,  7;  Notification  and 
attendance  of  Justices,  7 ;  Jurors  and  jury,  7,  8 ;  Duty  of  Solicitor  and 
Clerk  of  the  Circuit  Court,  8;  Appea!."--,  8;  Sentence,  execution,  um- 
pire, 8  ;  Slaves  hiring  their  own  time,  1-' ;  Impressment  of  for  work  on 
the  puljlic  defences,  27,  28. 

SNELL,  H.  V.':  An  act  relating  to  the  accoiin'is  of,  14;  Comptroller  to  is- 
sue warrant  in  favor  of,  14. 

SOLDIERS,  SICK  AND  WOUNDED:  Act  for  the  relief  of,  10;  Appro-, 
liriation  for,  16;  Governor  to  direct  expenditure  of  app.ropiiation  of,  16; 
Resolution  of  thanks  to,  89  ;  Citizen  soldiers  at  Maria'nna  and  Gaines- 
ville, resolution  of  thanks  to,  89;  Appropriation  for  clotiiiiig  for,  27. 

SOLDIERS' CHILDREN:  (See  Education.)  19. 

SOLDIERS'  FAMILIES:  Act  for  the  relief  of,  CO;  Appropriatio;i  for,  30; 
Returns  of  county  officers,  33 ;  Duties  of  Jusucsof  the  Peace,  31 ; 
Judges  of  Probate,  County  Conftmissioners  or  Trustees  failing  to  do 
their  duty,  how  punished,  31;  Resolutio:!  askir.ii'  surplus  corn  im- 
pressed by  the  Confederate  Government  for  use  ; if,  37  ;  Cards  to  be 
purchased  and  distributed  to,  27. 

SOLICITORS  :     Tei  m  of  office  of  extended,  2;l     . 

SPENCER,  Vv^  S.:  Resolution  for  the  reliv-i'of,  45. 

STATES:  Resolution  iu  relation  to  the  rigiits  oi;  38.  ,  , 

STAY  LAW  :  (See  Executions,)  24. 

TAX- ASSESSORS  OF  LEON  AND  JEFFERSON  COUNTIES:  Reso- 
lution for  the  relief  of,  45. 

TREASURER'S  OFFICE:  Examination  of,  37,  43. 

TREASURY  NOTES  :  Governor  authorized  to  luive  issued,  34;  Of  Con- 
federate States  in  Treasury  of  State^  may  be  disposed  of  by  the  Gov- 
ernor, 34;  l^edecmed  Treasury  notes,  to  be  destroyed,  36. 

TRIBUNAL  FOli  TRIAL  OF  SLAVES :  (See  slaves",)  Free  negroes  and 
mulattoes,  7. 

TRUSTEES  OF  THE  INTERNAL  BIPROVEMENT  FUND:  Act  to 
define  the  duties  of,  33  ;  To  make  incpiiry  into  tlie  prices  charged  by 
Railroad  Companies  in  this  State ;  Authoii/.ed  to  establisli  tariff  of 
prices  for  transportation,  32  :  To  enquire  a.-*  to  the  numl)er  and  com- 
pensation of  emplo\^ees  on  Railroads,  3fe. 

AVARD,  JAMES  J.:  Resoluticm  tor  thej'elief  of,  45. 

WIDOWS:  (See  Estates,)  entitled  to  wearing  apparel,  household  goods, 
A'c,  2;i. 


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